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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY No. 3)

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

SERIES I No. 23

(EXTRAORDINARY No. 3)

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

SERIES I No. 23

(EXTRAORDINARY No. 3)

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

SERIES I No. 23

(EXTRAORDINARY No. 3)

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

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

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

SERIES I No. 23

(EXTRAORDINARY No. 3)

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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

1261

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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

1264

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;

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

1265

(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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

1266

(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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

1267

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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

1268

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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

1269

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,—

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

1270

(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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

1271

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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

1272

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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

1273

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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

1274

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;

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

1275

(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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

1276

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;

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

1277

(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,

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

1278

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).

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

1279

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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

1280

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

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

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

SERIES I No. 23

(EXTRAORDINARY No. 3)

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

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

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

SERIES I No. 23

(EXTRAORDINARY No. 3)

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

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

1289

(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

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

1290

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;

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

1291

(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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

1292

(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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

1293

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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

1294

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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

1295

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,—

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

1296

(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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

1297

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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

1298

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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

1299

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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

1300

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;

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

1301

(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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

1302

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;

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

1303

(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,

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

1304

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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY No. 3)

3RD SEPTEMBER, 2021

1305

and assented to by the Governor of Goa on

30-08-2021, is hereby published for the

general information of the public.

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

Porvorim, 3rd September, 2021.

–––––––––

The Goa Agricultural Produce and

Livestock Marketing (Promotion and

Facilitation) (Amendment) Act, 2021

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

AN

ACT

further to amend the Goa Agricultural

Produce

and

Livestock

Marketing

(Promotion and Facilitation) Act, 2007 (Goa

Act 11 of 2007).

Be, it enacted by the Legislative Assembly

of Goa in the Seventy-second Year of the

Republic of India as follows:-

1. Short title and commencement.— (1)

This Act may be called the ‘Goa Agricultural

Produce and Livestock Marketing (Promotion

and Facilitation) (Amendment) Act, 2021.

(2) It shall come into force at once.

2. Amendment of section 42.— In section

42 of the Goa Agricultural Produce and

Livestock

Marketing

(Promotion

and

Facilitation) Act, 2007 (Goa Act 11 of 2007),

in sub-section (1), for the expression

“Registrar of Co-operative Societies, not

below the rank of Assistant Registrar of

Co-operative Societies”, the expression

“Department of Agriculture/Directorate of

Agriculture, not below the rank of

Agriculture Officer” shall be substituted.

Secretariat

CHOKHA RAM GARG

Porvorim, Goa,

Secretary to the

Dated: 03-09-2021.

Government of Goa

Law Department

(Legal Affairs).

www.goaprintingpress.gov.in

Printed and Published by the Director, Printing & Stationery,

Government Printing Press,

Mahatma Gandhi Road, Panaji-Goa 403 001.

PRICE – Rs. 55.00

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