1251
Panaji, 3rd September, 2021 (Bhadra 12, 1943)
SERIES I No. 23
Reg. No. RNP/GOA/32/2021-2023
RNI No. GOAENG/2002/6410
PUBLISHED BY AUTHORITY
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
Suggestions are welcomed on e-mail: dir–[email protected]
(a) When presented to any
officer of the Customs or
Excise Department or to
any Magistrate by any
person having dealings
EXTRAORDINARY
No. 3
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3RD SEPTEMBER, 2021
1252
with the Government, and
when the subject-matter of
such application relates to
exclusively
to
those
dealings;
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;
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;
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;
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.
(b) When
containing
a
complaint or charge of any
offence other than an
offence for which police
officers may, under the
Criminal Procedure Code
Five rupees
Five rupees.
Five rupees.
Five rupees.
Five rupees.
OFFICIAL GAZETTE — GOVT. OF GOA
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3RD SEPTEMBER, 2021
1253
a
(
(
Five rupees.
Five rupees.
Five rupees.
Thirty rupees.
Twenty rupees.
Twenty
hundred and
fifty rupees.
Three hundred
rupees.
”.
arrest without warrant and
presented to any Criminal
Court;
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;
or to deposit in Court,
revenue or rent;
or for determination by a
Court of the amount of
compensation to be paid
by landlord to his tenant.
(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.
(d) When presented to any
competent authority for
the purpose of obtaining a
certificate of domicile.
(e) When presented to the
High Court,—
(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.
(ii) in any other case not
otherwise provided for
by this Act.
OFFICIAL GAZETTE — GOVT. OF GOA
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3RD SEPTEMBER, 2021
1254
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
Assembly Hall,
NAMRATA ULMAN
Porvorim, Goa.
Secretary to the
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 dealings
OFFICIAL GAZETTE — GOVT. OF GOA
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3RD SEPTEMBER, 2021
1255
Twenty rupees
Twenty rupees
Twenty rupees.
Twenty rupees.
Twenty rupees.
with the Government, and
when the subject-matter of
such application relates to
exclusively
to
those
dealings.
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;
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;
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;
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.
(b) when
containing
a
complaint or charge of any
offence other than an
offence for which police
officers may, under the
Criminal Procedure Code
OFFICIAL GAZETTE — GOVT. OF GOA
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1256
arrest without warrant and
presented to my Criminal
Court;
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;
or to deposit in court
revenue or rent;
or for determination by a
Court of the amount of
compensation to be paid by
landlord to his tenant.
(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.
(d) When presented to any
competent authority for the
purpose of obtaining a
certificate of domicile.
(e) When presented to the High
Court,-
(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.
(ii) in any other case not
otherwise provided for
by this Act.
Twenty rupees
Twenty rupees
Twenty rupees.
Thirty rupees.
Twenty rupees.
Two hundred and
fifty rupees.
Three hundred
rupees.
OFFICIAL GAZETTE — GOVT. OF GOA
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3RD SEPTEMBER, 2021
1257
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
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, 1974
1
2
3
4
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1258
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.
1
2
3
4
1
2
3
4
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1259
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,
namely:—
“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.
One thousand rupees”.
(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.
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1260
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.
Porvorim-Goa.
(Smt. Jennifer Monserrate)
27th July, 2021
Minister for Revenue.
Assembly Hall,
(Namrata Ulman)
Porvorim-Goa.
Secretary to the
27th July, 2021.
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, 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.
Place: Raj Bhavan
P. S. SREEDHARAN PILLAI
Dona Paula, Goa.
Governor of Goa
Date: 27th July 2021.
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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)”;
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, on the market value of the
property which is subject matter of
gift.
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.
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1262
________
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 husbandry, forestry, dairy and
poultry farming, aquaculture and other
allied activities, whether or not undertaken
jointly with agriculture and the expression
“agricultural operations” shall be construed
accordingly;
(b) “agriculture industry” means the
industrialized processing or production of
livestock, poultry, fish, dairy and crops;
(c) “Board” means the Goa Investment
Promotion
and
Facilitation
Board
established under section 3;
(d) “Clearance” means grant or issue of
no
objection
certificate,
consent,
enrolment, registration, permission,
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.
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1263
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 in
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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) Secretary (Town and Country
Planning) or his nominee — ex-officio
member;
(ix) Secretary (Tourism) or his nominee
— ex-officio member;
(x) Secretary (Revenue) or his nominee
— ex-officio member;
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(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; or
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(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
departments/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 State
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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 infrastructure gaps
hindering investment growth in the State
and suggest short, medium and long-
term rolling plans to the Government to
bridge the gaps;
(n) seek membership of national and
international investment promotion
agencies including World Association of
Investment Promotion Agency to
promote the State as an investment
destination amongst the national and
international trade community;
(o) take all necessary measures to
boost
and
promote
agricultural
industries, cottage industries, dairy
farming and eco-tourism;
(p) provide time bound dispute and
grievance redressal mechanism for
investors;
(q) frame an exit policy and submit it
to the Government for approval, which
will set the framework for any industrial
unit desirous of shutting down their
operations in State;
(r) submit its suggestions to the
Government in respect of any policies
laid down by it as also in respect of
Regional Plan, Outline Development Plan,
Development Plan, Land Use Maps and/
/or all other regulations made under
various State laws;
(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.
(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
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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 after
performing
necessary
enquiry
may
recommend to the Government to take
appropriate disciplinary action against the
defaulting person, officer or Competent
Authority, who has failed to dispose of the
application within the time limit specified
under sub-section (1) of section 39, if it is of
the opinion that there was a wilful default in
delaying the approval process of application.
(5) The Board shall have power to,—
(a) acquire, hold and develop such
property, both movable and immovable as
the Board may deem necessary for the
performance of its functions, and to lease,
sell, exchange or otherwise transfer any
property held by it on such conditions as
may be deemed proper by the Board;
(b) engage suitable consultants to assist
the Board in the performance of its
functions;
(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 carrying 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 necessary
information and personal appearance of the
concerned person, officer or Competent
Authority.
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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) Secretary (Town and Country
Planning) or his nominee — member.
(v) All the members of the Board
nominated under clause (xii) of section 4
— members.
(vi) Chief Executive Officer of the Board-
Member Secretary.
18. Jurisdiction of the Sub-Committee.—
The Sub-Committee shall have the power
to decide the proposals referred to it by
the Board under sub-section (2) of
section 5.
19. Disqualification of Members of the
Sub-Committee.— A person shall be
disqualified for being nominated as a
member of the Sub-Committee, if he, —
(a) is an employee of the Board, not
being the Chief Executive Officer; or
(b) is of unsound mind and stands so
declared by a competent court; or
(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,—
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(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 the
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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 be
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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 such
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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 information from the
applicant as required, at any time before the
expiry of the period stipulated for the disposal
of such application with an advance copy of
the same to the applicant:
Provided that the person, officer or
Competent Authority shall strictly ensure that
all the queries are raised together with a
single letter and no query is raised separately
causing delay in clearance.
(3)
The applicant shall furnish the
required information as expeditiously as
possible to the Board or the Sub-Committee,
as the case may be, with a copy to the
concerned person or officer or Competent
Authority simultaneously.
(4) The concerned person, officer or
Competent Authority shall send its order
sanctioning or rejecting the application, to
the Board or the Sub-Committee, as the case
may be, so that the application is disposed
within the time limit specified in sub-section
(1).
40.
Combined Application Form.— The
Board may specify such application form as
deemed fit by it and every Competent
Authority or person or officer shall accept
such application form for processing and
issuing required clearance.
41.
Self–Certification.— (1) Every investor
shall certify and furnish a Declaration at the
time of submitting the application to the
Board in such form as prescribed, declaring
that the information submitted by him is true
and correct in all respects and that he shall
comply with the applicable provisions of the
relevant State laws and the rules and
regulations made thereunder.
(2) The Declaration furnished by the
investor shall be accepted by concerned
person or officer or Competent Authority for
the purpose of issuing and granting a
clearance.
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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 entertain any
objections to the said proposal to submit the
same in writing with reasons therefor to the
Government within one month from the date
of publication of the proclamation in the
Official Gazette.
(3) No such notification under sub-section
(1) shall be issued by the Government, unless
the objections, if any, so submitted are in its
opinion insufficient or invalid.
43. Development of areas.— (1) Notwith-
standing anything to the contrary contained
in any other State law for the time being in
force, once a notification is issued under
clause (a) of sub-section (1) of section 42
declaring any area to be an Investment
Promotion Area, the Government may, by
notification in the Official Gazette, appoint a
Planning, Development and Construction
Committee consisting of the following
members, namely:-
(i) Chief Secretary — Chairperson;
(ii) Secretary (Industries) — Member;
(iii) Director, Directorate of Industries,
Trade and Commerce — Member;
(iv) Chief Town Planner (Planning) or his
nominee not below the rank of the Deputy
Town Planner — Member;
(v) Director, Directorate of Health
Services or his nominee not below the rank
of the Deputy Director — Member;
(vi) Director of Fire and Emergency
Service or his nominee not below the rank
of Deputy Director — Member;
(vii) Chief Inspector of Factories and
Boilers or his nominee not below the rank
of the Inspector — Member;
(viii) Chief Electrical Engineer, Electricity
Department or his nominee not below the
rank of the Superintending Engineer —
Member;
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(ix) Principal Chief Engineer, Public
Works Department or his nominee not
below the rank of the Superintending
Engineer — Member;
(x) Principal Chief Conservator of Forests
— Member;
(xi) Member Secretary, Goa State
Pollution Control Board — Member;
(xii) Member Secretary, Goa Coastal Zone
Management Authority — Member;
(xiii) District Collector, North Goa —
Member;
(xiv) District Collector, South Goa —
Member;
(xv) Chief Executive Officer of the Board
— Member Secretary,
to decide and dispose of all applications for
change of land use/conversion, land
development and building construction under
the Goa Land Revenue Code, 1968 (Act 9 of
1969), the Goa, Daman and Diu Town and
Country Planning Act, 1974 (Act 21 of 1975),
the Goa (Regulation of Land Development and
Building Construction) Act, 2008 (Goa Act 6
of 2008) and the rules and regulations framed
thereunder (hereinafter referred to as the
“said Acts”).
(2)The Planning, Development and
Construction Committee shall discharge all
the functions of,—
(i) the Collector under the Goa Land
Revenue Code, 1968 (Act 9 of 1969);
(ii) the Chief Town Planner of the Town
and Country Planning Department, in a
non-planning area and the Planning and
Development Authority in a planning area,
under the Goa, Daman and Diu Town and
Country Planning Act, 1974 (Act 21 of
1975); and
(iii) the Competent Authority under the
Goa Land Development and Building
Construction Regulations, 2010.
(3)The Planning, Development and
Construction Committee shall have regard to
the provisions of all local laws including any
regional plan, outline development plan,
comprehensive development plan or other
plans prepared under the relevant Act as in
force.
44.
Allotment of land for the purpose of
investment promotion.— The Government
may, by notification in the Official Gazette,
specify such land as it deems fit, for the
purposes of investment promotion under this
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 Authority
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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;
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(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 fourteen days which may be
comprised in one session or in two or more
successive sessions and if, before the expiry
of the session in which it is so laid or the
session immediately following, the House
agrees in making any modification in the rules
or House agrees that the rules should not be
made, the rules shall thereafter have effect
only in such modified form or be of no effect,
as the case may be, so, however, that any
such modification or annulment shall be
without prejudice to the validity of anything
previously done under such rules.
53.
Power of Board to make regulations.—
(1) The Board may, with the prior approval
of the Government, by notification in the
Official Gazette, make such regulations, as it
may deem necessary, consistent with this 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,
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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) Every Competent
Authority, public servant and officer of all the
departments of the Government shall render
such help and assistance and furnish such
information to the Board as it may require for
the discharge of its functions and shall make
available to the Board or the Sub-Committee
for inspection and examination such records,
maps, plans and other documents as may be
necessary for the discharge of its functions.
(2) Inspection for grant of any permission
in respect of the project under the relevant
State law or the rules made thereunder shall
be conducted jointly by the Board and the
concerned Authority.
(3) Inspection in respect of complaints may
be conducted under the authorization of the
respective Head of the Department.
(4) Any surprise inspections may be
conducted with specific permission of the
concerned Head of the Department.
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).
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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 all
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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 entertain 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.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 23
(EXTRAORDINARY No. 3)
3RD SEPTEMBER, 2021
1281
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
Department 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.
OFFICIAL GAZETTE — GOVT. OF GOA
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1282
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;
or when presented to any
officer of land revenue by
any
person
holding
temporarily settled land
Five rupees
OFFICIAL GAZETTE — GOVT. OF GOA
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3RD SEPTEMBER, 2021
1283
under direct engagement
with Government, and
when the subject-matter
of the application or
petition
relates
exclusively
to
such
engagement;
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;
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;
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.
(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;
or when presented to a
Civil, Criminal or Revenue
Court or to a Collector, or
any
revenue
officer
having jurisdiction equal
Five rupees
Five rupees.
Five rupees.
Five rupees.
Five rupees.
OFFICIAL GAZETTE — GOVT. OF GOA
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1284
Five rupees.
Five rupees.
Thirty rupees.
Twenty rupees.
Two hundred
and fifty
rupees.
Three hundred
rupees.
or subordinate to a
Collector, or to any
Magistrate
in
his
executive capacity, and
not otherwise provided for
by this Act;
or to deposit in Court,
revenue or rent;
or for determination by a
Court of the amount of
compensation to be paid
by landlord to his tenant.
(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.
(d) When presented to any
competent authority for
the purpose of obtaining a
certificate of domicile.
(e) When presented to the
High Court,—
(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.
(ii) in any other case not
otherwise provided for
by this Act.
Secretariat
CHOKHA RAM GARG
Porvorim, Goa,
Secretary to the
Dated: 03-09-2021.
Government of Goa
Law Department
(Legal Affairs).
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 23
(EXTRAORDINARY No. 3)
3RD SEPTEMBER, 2021
1285
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
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, 1972
1
2
3
4
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1286
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
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).
1
2
3
4
1
2
3
4
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 23
(EXTRAORDINARY No. 3)
3RD SEPTEMBER, 2021
1287
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,
namely:—
“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.
OFFICIAL GAZETTE — GOVT. OF GOA
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3RD SEPTEMBER, 2021
1288
(ii) in article 39, for clause (a), the following clause shall be
substituted, namely:—
Secretariat
CHOKHA RAM GARG
Porvorim, Goa,
Secretary to the
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 husbandry, forestry, dairy and
poultry farming, aquaculture and other
allied activities, whether or not undertaken
jointly with agriculture and the expression
“agricultural operations” shall be construed
accordingly;
(b) “agriculture industry” means the
industrialized processing or production of
livestock, poultry, fish, dairy and crops;
(c) “Board” means the Goa Investment
Promotion
and
Facilitation
Board
established under section 3;
“(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”.
OFFICIAL GAZETTE — GOVT. OF GOA
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(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 in
OFFICIAL GAZETTE — GOVT. OF GOA
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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) Secretary (Town and Country
Planning) or his nominee — ex-officio
member;
(ix) Secretary (Tourism) or his nominee
— ex-officio member;
(x) Secretary (Revenue) or his nominee
— ex-officio member;
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(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; or
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(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
departments/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 State
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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 infrastructure gaps
hindering investment growth in the State
and suggest short, medium and long-
term rolling plans to the Government to
bridge the gaps;
(n) seek membership of national and
international investment promotion
agencies including World Association of
Investment Promotion Agency to
promote the State as an investment
destination amongst the national and
international trade community;
(o) take all necessary measures to
boost
and
promote
agricultural
industries, cottage industries, dairy
farming and eco-tourism;
(p) provide time bound dispute and
grievance redressal mechanism for
investors;
(q) frame an exit policy and submit it
to the Government for approval, which
will set the framework for any industrial
unit desirous of shutting down their
operations in State;
(r) submit its suggestions to the
Government in respect of any policies
laid down by it as also in respect of
Regional Plan, Outline Development Plan,
Development Plan, Land Use Maps and/
/or all other regulations made under
various State laws;
(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.
(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
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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 after
performing
necessary
enquiry
may
recommend to the Government to take
appropriate disciplinary action against the
defaulting person, officer or Competent
Authority, who has failed to dispose of the
application within the time limit specified
under sub-section (1) of section 39, if it is of
the opinion that there was a wilful default in
delaying the approval process of application.
(5) The Board shall have power to,—
(a) acquire, hold and develop such
property, both movable and immovable as
the Board may deem necessary for the
performance of its functions, and to lease,
sell, exchange or otherwise transfer any
property held by it on such conditions as
may be deemed proper by the Board;
(b) engage suitable consultants to assist
the Board in the performance of its
functions;
(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 carrying 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 necessary
information and personal appearance of the
concerned person, officer or Competent
Authority.
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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) Secretary (Town and Country
Planning) or his nominee — member.
(v) All the members of the Board
nominated under clause (xii) of section 4
— members.
(vi) Chief Executive Officer of the Board-
Member Secretary.
18. Jurisdiction of the Sub-Committee.—
The Sub-Committee shall have the power
to decide the proposals referred to it by
the Board under sub-section (2) of
section 5.
19. Disqualification of Members of the
Sub-Committee.— A person shall be
disqualified for being nominated as a
member of the Sub-Committee, if he, —
(a) is an employee of the Board, not
being the Chief Executive Officer; or
(b) is of unsound mind and stands so
declared by a competent court; or
(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,—
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(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 the
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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 be
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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 such
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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 information from the
applicant as required, at any time before the
expiry of the period stipulated for the disposal
of such application with an advance copy of
the same to the applicant:
Provided that the person, officer or
Competent Authority shall strictly ensure that
all the queries are raised together with a
single letter and no query is raised separately
causing delay in clearance.
(3)
The applicant shall furnish the
required information as expeditiously as
possible to the Board or the Sub-Committee,
as the case may be, with a copy to the
concerned person or officer or Competent
Authority simultaneously.
(4) The concerned person, officer or
Competent Authority shall send its order
sanctioning or rejecting the application, to
the Board or the Sub-Committee, as the case
may be, so that the application is disposed
within the time limit specified in sub-section
(1).
40.
Combined Application Form.— The
Board may specify such application form as
deemed fit by it and every Competent
Authority or person or officer shall accept
such application form for processing and
issuing required clearance.
41.
Self–Certification.— (1) Every investor
shall certify and furnish a Declaration at the
time of submitting the application to the
Board in such form as prescribed, declaring
that the information submitted by him is true
and correct in all respects and that he shall
comply with the applicable provisions of the
relevant State laws and the rules and
regulations made thereunder.
(2) The Declaration furnished by the
investor shall be accepted by concerned
person or officer or Competent Authority for
the purpose of issuing and granting a
clearance.
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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 entertain any
objections to the said proposal to submit the
same in writing with reasons therefor to the
Government within one month from the date
of publication of the proclamation in the
Official Gazette.
(3) No such notification under sub-section
(1) shall be issued by the Government, unless
the objections, if any, so submitted are in its
opinion insufficient or invalid.
43. Development of areas.— (1) Notwith-
standing anything to the contrary contained
in any other State law for the time being in
force, once a notification is issued under
clause (a) of sub-section (1) of section 42
declaring any area to be an Investment
Promotion Area, the Government may, by
notification in the Official Gazette, appoint a
Planning, Development and Construction
Committee consisting of the following
members, namely:-
(i) Chief Secretary — Chairperson;
(ii) Secretary (Industries) — Member;
(iii) Director, Directorate of Industries,
Trade and Commerce — Member;
(iv) Chief Town Planner (Planning) or his
nominee not below the rank of the Deputy
Town Planner — Member;
(v) Director, Directorate of Health
Services or his nominee not below the rank
of the Deputy Director — Member;
(vi) Director of Fire and Emergency
Service or his nominee not below the rank
of Deputy Director — Member;
(vii) Chief Inspector of Factories and
Boilers or his nominee not below the rank
of the Inspector — Member;
(viii) Chief Electrical Engineer, Electricity
Department or his nominee not below the
rank of the Superintending Engineer —
Member;
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(ix) Principal Chief Engineer, Public
Works Department or his nominee not
below the rank of the Superintending
Engineer — Member;
(x) Principal Chief Conservator of Forests
— Member;
(xi) Member Secretary, Goa State
Pollution Control Board — Member;
(xii) Member Secretary, Goa Coastal Zone
Management Authority — Member;
(xiii) District Collector, North Goa —
Member;
(xiv) District Collector, South Goa —
Member;
(xv) Chief Executive Officer of the Board
— Member Secretary,
to decide and dispose of all applications for
change of land use/conversion, land
development and building construction under
the Goa Land Revenue Code, 1968 (Act 9 of
1969), the Goa, Daman and Diu Town and
Country Planning Act, 1974 (Act 21 of 1975),
the Goa (Regulation of Land Development and
Building Construction) Act, 2008 (Goa Act 6
of 2008) and the rules and regulations framed
thereunder (hereinafter referred to as the
“said Acts”).
(2)The Planning, Development and
Construction Committee shall discharge all
the functions of,—
(i) the Collector under the Goa Land
Revenue Code, 1968 (Act 9 of 1969);
(ii) the Chief Town Planner of the Town
and Country Planning Department, in a
non-planning area and the Planning and
Development Authority in a planning area,
under the Goa, Daman and Diu Town and
Country Planning Act, 1974 (Act 21 of
1975); and
(iii) the Competent Authority under the
Goa Land Development and Building
Construction Regulations, 2010.
(3)The Planning, Development and
Construction Committee shall have regard to
the provisions of all local laws including any
regional plan, outline development plan,
comprehensive development plan or other
plans prepared under the relevant Act as in
force.
44.
Allotment of land for the purpose of
investment promotion.— The Government
may, by notification in the Official Gazette,
specify such land as it deems fit, for the
purposes of investment promotion under this
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 Authority
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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;
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(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 fourteen days which may be
comprised in one session or in two or more
successive sessions and if, before the expiry
of the session in which it is so laid or the
session immediately following, the House
agrees in making any modification in the rules
or House agrees that the rules should not be
made, the rules shall thereafter have effect
only in such modified form or be of no effect,
as the case may be, so, however, that any
such modification or annulment shall be
without prejudice to the validity of anything
previously done under such rules.
53.
Power of Board to make regulations.—
(1) The Board may, with the prior approval
of the Government, by notification in the
Official Gazette, make such regulations, as it
may deem necessary, consistent with this 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,
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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) Every Competent
Authority, public servant and officer of all the
departments of the Government shall render
such help and assistance and furnish such
information to the Board as it may require for
the discharge of its functions and shall make
available to the Board or the Sub-Committee
for inspection and examination such records,
maps, plans and other documents as may be
necessary for the discharge of its functions.
(2) Inspection for grant of any permission
in respect of the project under the relevant
State law or the rules made thereunder shall
be conducted jointly by the Board and the
concerned Authority.
(3) Inspection in respect of complaints may
be conducted under the authorization of the
respective Head of the Department.
(4) Any surprise inspections may be
conducted with specific permission of the
concerned Head of the Department.
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 29-07-2021
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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
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