1359

Panaji, 15th September, 2021 (Bhadra 24, 1943)

SERIES I No. 24

Reg. No. RNP/GOA/32/2021-2023

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

Goa Legislature Secretariat

–––

LA/LEGN/2021/826

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 Town and Country Planning

(Amendment) Bill, 2021

(Bill No. 28 of 2021)

A

BILL

further to amend the Goa, Daman and Diu

Town and Country Planning Act, 1974 (Act

No. 21 of 1975).

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 Town and Country

Planning (Amendment) Act, 2021.

(2) It shall come into force at once.

2. Amendment of long title.— In the Goa,

Daman and Diu Town and Country Planning

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

EXTRAORDINARY

No. 2

Act, 1974 (Act 21 of 1975) (hereinafter

referred to as the “principal Act”), in the long

title, for the expression “Union territory of

Goa, Daman and Diu”, the words “State of

Goa” shall be substituted.

3. Amendment of section 1.— In section 1

of the principal Act,—

(i) in sub-section (1), the expression “,

Daman and Diu” shall be omitted;

(ii) for the words “Union territory”,

wherever they occur, the words “State of

Goa” shall be substituted.

4. Amendment of section 2.— In section 2

of the principal Act,—

(i) in clause (4), the expression “, Daman

and Diu” shall be omitted;

(ii) for clause (13), the following clause

shall be substituted, namely:—

“(13) “Government” means the

Government of Goa;”;

(iii) clauses (30A) and (30B) shall be

renumbered as clauses (30B) and (30C)

respectively and before clause (30B) so

renumbered, the following clause shall be

inserted, namely:—

“(30A) “State” means the State of

Goa;”;

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(iv) clause (31) shall be omitted;

(v) in clause (32), the expression “ ,

Daman and Diu” shall be omitted.

5. Amendment of section 4.— In section 4

of the principal Act,—

(i) the expression “,Daman and Diu”,

wherever it occurs shall be omitted;

(ii) for the words “Union territory”, the

word “State” shall be substituted.

6. Amendment of sections 8, 9 and 110.—

In sections 8, 9 and 110 of the principal Act,

for the words “Union territory”, wherever

they occur, the words “State of Goa” shall

be substituted.

7. Amendment of section 44.— In section

44 of the principal Act, in sub-section (2), in

clause (a), for the words “Union territory”,

the word “State” shall be substituted.

8. Amendment of sections 64 and 140.— In

sections 64 and 140 of the principal Act, for

the words “Legislative Assembly of the Union

territory” wherever they occur, the words

“Legislative Assembly of Goa” shall be

substituted.

Statement of Objects and Reasons

The Goa, Daman and Diu Town and

Country Planning Act, 1974 (Act 21 of 1975)

(hereinafter referred to as the “said Act”)

was 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 were

formed. After Goa attained Statehood the said

remained in force and it is now proposed to

omit the expressions “Daman and Diu” and

“Union territory” from the said Act.

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.

CHANDRAKANT KAVLEKAR

22nd July, 2021.

Dy. Chief Minister/

Minister for Town &

Country Planning.

Assembly Hall,

NAMRATA ULMAN,

Porvorim, Goa.

Secretary to the

22nd July, 2021.

Legislative Assembly of Goa.

–––

LA/LEGN/2021/851

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 Mineral Development

Corporation Bill, 2021

(Bill No. 36 of 2021)

A

BILL

to establish a Corporation to carry out mining

operation in an orderly, scientific and

ecological sustainable manner and for

matters connected therewith or incidental

thereto.

Be it enacted by the Legislative Assembly

of Goa in the Seventy-second Year of the

Republic of India as follows:—

1. Short title, extent and commencement.—

(1) This Act may be called the Goa Mineral

Development Corporation Act, 2021.

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

of Goa.

(3) It shall come into force on such date as

the Government may, by notification in the

Official Gazette, appoint.

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2. Definitions.— In this Act, unless the

context otherwise requires,–

(a) “Board” means the Board of Directors

of the Corporation;

(b) “Chairperson” means the Chairperson

of the Corporation;

(c) “Corporation” means the Goa Mineral

Development Corporation established under

section 3 of this Act;

(d) “Director” means a Director of the

Corporation;

(e) “Government” means the Government

of Goa;

(f) “mining lease” means a lease granted

for the purpose of undertaking mining

operations, and includes a sub-lease

granted for such purpose;

(g) “mining operations” means any

operations undertaken for the purpose of

winning any mineral;

(h) “Official Gazette” means Official

Gazette of the State;

(i) “prescribed” means prescribed by

rules made under this Act;

(j) “prospecting license” means a license

granted for the purpose of undertaking

prospecting operations;

(k) “rules” means rules made under this

Act;

(l) “regulations” means regulations made

under this Act;

(m) “State” means the State of Goa.

3. Establishment and incorporation.—

(1) For the purpose of carrying out mining

operations and allied activities in an orderly,

scientific and ecological sustainable manner,

there shall be established by the Government,

by notification in the Official Gazette, a

Corporation by the name of the Goa Mineral

Development Corporation.

(2)

The said Corporation shall be a body

corporate having 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.

(3) The Head Office of the Corporation shall

be at Panaji, Goa, or at any place as may be

directed by the Government.

4. Constitution.— (1) The Chief Minister of

the State shall be the Chairperson of the

Corporation and it shall consist of the following

other Directors, namely:-

(i) Secretary to the Government of Goa,

Mines Department;

(ii) Secretary to the Government of Goa,

Finance Department, or his nominee not

below the rank of Additional Secretary from

Finance Department;

(iii) Director of Mines;

(iv) A law graduate having experience of

handling matters related to mining to be

nominated by the Government;

(v) Two Chartered Accountants having

an experience of ten years or more, to be

nominated by the Government;

(vi) A Geologist to be nominated by the

Government;

(vii) Secretary to the Government of Goa,

Department of Environment and Climate

Change.

(viii)

Managing

Director

of

the

Corporation who shall be the Ex-Officio

Secretary to the Corporation.

5. Managing Director.— (1) The Managing

Director shall be appointed by the

Government.

(2) The Managing Director shall,—

(a) be a whole time officer of the

Corporation;

(b) perform such duties and functions as

may be specified or as may be assigned to

him;

(c) hold office for a term of three years from

the date of his appointment and shall remain

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in office thereafter for three months or until

a successor in that office is appointed,

whichever is earlier;

(d) receive such salary and allowances

as may be prescribed;

(e) divest himself of any directorship of,

or other interest held by him in, any other

Corporation, Company or concern; and

(f) not become a Director of, or acquire

any share or other interest in any other

Corporation, Company or concern during his

term of office:

Provided that nothing in this section shall

prevent the Managing Director from holding

shares in any public company acquired by

him before this appointment but he shall

declare such shares to the Government at

the time of his appointment:

Provided further that the Government

may, in exceptional circumstances, where

it considers necessary to do so, exempt by

a special order any person who has been

appointed or is about to be appointed as

Managing Director from the application of

this section.

(2) Nothing in this section shall preclude

the Government from extending the term of

office of a Managing Director for such period

as the Government may determine.

6. Disqualification of Managing Director

and/or Director.— A person shall be

disqualified for being nominated/appointed as

a Director or Managing Director of the

Corporation, if he —

(a) is, or at any time has been, convicted

of any offence involving moral turpitude; or

(b) is, or at any time has been, disqualified

for appointment in, or dismissed from,

Government service; or

(c) is, or at any time has been, adjudged

insolvent; or

(d) is of unsound mind and stands so

declared by a Competent Court; or

(e) is not a citizen of India; or

(f) is less than twenty five years of age.

7. Removal of Managing Director and/or

Directors.— The Government may, by order in

writing, remove the Managing Director or a

Director, as the case may be, after giving him

an opportunity of being heard if he,–

(a) refuses to act or fails to discharge or

becomes, in the opinion of the Government,

incapable of discharging his responsibilities

under this Act;

(b) has, in the opinion of the Government,

abused his position as Managing Director

or Director which has rendered his

continuance on the Corporation detrimental

to the interest thereof or of the general

public; or

(c) is otherwise unfit to continue as a

Managing Director or Director;

(d) has knowingly acquired or continued

to hold, without the permission in writing

of Government directly or indirectly, or

through a partner any share or interest in

any contract or employment with, or on

behalf of the Corporation or in any property,

which he knows is likely to benefit or has

benefited him as a result of the operation of

the Corporation.

8. Resignation by or removal of Managing

Director or Directors.— Notwithstanding

anything contained in this Act, the Managing

Director or a Director, at any time before the

expiry of his term and upon three months’

notice, resign his office, or upon similar notice,

be removed from office by the Government

without assigning any reason:

Provided that Government may, upon

payment of three months’ salary and

allowances in lieu of the notice, remove the

Managing Director immediately without

assigning any reason.

9.

Appointment

of

officers.—

The

Corporation may appoint such officers,

advisers, experts, consultants and other

employees, as it considers necessary for the

efficient performance of its functions under this

Act on such terms and conditions as it may

deem fit, subject to such general or special

directions as the Government may give from

time to time in this behalf.

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10. Financial, technical and advisory

committees.— The Corporation may constitute

such financial, technical and advisory

committees to advise the Corporation as may

be deemed necessary for carrying out the

purposes of this Act. The Corporation may

engage suitable consultants or persons having

special knowledge or skill to assist the

Corporation in the performance of its functions.

11. Meetings of Board.— (1) The Board shall

meet at such time and places and shall,

subject to the provisions of sub-section (2)

observe such rules or procedure in regard to

the transaction of its business as may be

provided by the regulations made under this

Act.

(2) A Director, Chairperson or the Managing

Director who is directly or indirectly concerned

or is interested in any of the resolutions or

decisions shall abstain himself from such

discussion or decision when such subject

matter is taken up for discussion or decision:

Provided that when the Chairperson is

required to abstain as aforesaid, the meetings

shall be chaired by any other Director to be

appointed by majority in such meeting, when

discussing or taking decision on such subject.

(3) The quorum required for transaction of

the business at the meeting of the Board shall

be three.

(4) In the event of equality of vote, the

Chairperson shall have the casting vote.

(5) The meetings of the Board shall be

presided over by the Chairperson and in his

absence by a Director elected for the purpose

by the Directors present from amongst

themselves.

(6) No act or proceedings of the Board shall

be invalid merely on the ground of existence

of any vacancy in the Board.

(7)

The minutes of every meeting of the

Board, stating among other things, the names

of the Directors present, shall be drawn up and

recorded in a book to be kept for the purpose

and shall be signed by the person presiding

over the meeting and such book shall, at all

reasonable times and without payment of any

fee, be open for inspection to the Directors.

12. Management and administration.— (1)

The management and administration of the

Corporation and its affairs shall vest in the

Board which may exercise all powers and do

all acts which may be necessary for the

purposes of this Act.

(2) The Board in discharge of its functions

shall act after considering welfare of the public

and commercial aspects and shall follow such

directions as the Government may give from

time to time.

(3) If the Board fails to obey any directions

mentioned in sub-section (2) or if the Board,

its Managing Director or any Director

contravenes the provisions of this Act or of the

rules or regulations made thereunder or if the

Managing Director or any Director is found

guilty of misconduct, Government may remove

all or any of the Directors or the Managing

Director, as the case may be, and

notwithstanding anything to the contrary

contained in sections 5 and 6, appoint

temporarily other persons in their place to be

the Directors or the Managing Director, as the

case may be, until new Directors are appointed

in accordance with the provisions of section 5

or a new Managing Director is appointed in

accordance with the provisions of section 6;

provided that only the provisions of clauses (a),

(b), (d) and (e) of sub-section (2) of section 6

shall apply to the person appointed temporarily

under this sub-section to be the Managing

Director.

(4) The Government may suspend the

execution of any resolution or order of the

Board as in the opinion of Government

contravenes the provisions of this Act, the

Rules and Regulations framed under this Act,

or the directions mentioned in sub-section (2),

or prohibit the doing of any act which is to be

done or is being done in pursuance of such

resolution or order, or if the act has been

accomplished, order its rectification in such

manner as may be directed.

13. Submission of returns, statements, etc.

to the Government.— (1) The Government

may require the Managing Director to furnish

to it –

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(a) any return, statement, estimate,

statistics or other information regarding any

matter under the control of the Corporation;

or

(b) a report on any such matter; or

(c) a copy of any document in his charge,

and

the Managing Director shall comply with any

such requisitions without any undue delay.

(2) The Managing Director shall prepare and

submit a quarterly report to the Board.

14. Power of Board to associate other

persons.— (1) The Board may associate with

itself, in such manner, on such terms and for

such period as it may deem fit, any person

whose assistance or advice it may desire in

carrying out any of the provisions of this Act.

(2) A person associated under sub-section

(1) for any purpose shall have the right to take

part in the discussion relating to such purpose

in the meetings of the Board, but shall not have

the right to vote, and shall not be deemed to

be a Director for that or any other purpose.

15. Functions of the Corporation.— (1) The

Corporation shall obtain mining leases/grants,

prospecting licenses, etc. under the Mines

and Mineral Development and Regulation

Act, 1957 (Act 67 of 1957) and carry out all

mining operations in accordance with the

said Act.

(2) The Corporation shall also carry out

mining operations for the State under MMDR

Act.

(3) The Corporation shall carry out business

relating to the mining dumps, transportation,

extraction of ore, export of ore and mining

rejects, slurries, tailings, etc. as may be directed

by the Government from time to time. The

Corporation shall also participate in the

auction related to mining lease/prospecting

licence as and when Government auctions

such mining leases/prospecting licenses.

(4) The Corporation shall be entitled to enter

into any contracts, agreements, memorandum

of understandings, etc. for engaging entities

for the purpose of carrying out mining

operations as it may consider necessary or

expedient or any other business connected

therewith in accordance with this Act.

(5) The Corporation shall be entitled to

publicly auction, sell the ore which is extracted

or which may be otherwise required to be sold

by the Corporation, on such terms and

conditions as it may deem fit.

(6) The Corporation shall also carry out such

other activities as may be directed by the

Government from time to time.

16. The authentication of orders and

documents of the Corporation.— All the

permissions, orders, other documents of the

Corporation shall be authenticated by the

signature of the Managing Director or any

other Officer authorized by the Corporation in

this behalf. The Government may issue to the

Corporation such general or special directions

as to the Policy, as it may think necessary or

expedient for the purpose of carrying out the

purposes of this Act and the Corporation shall

be bound to follow and act upon such

directions.

17. Application of Corporation’s assets.— All

property, funds and other assets vesting in the

Corporation shall be held and applied by it,

subject to the provisions and for the purposes

of this Act.

18.

Corporation’s

fund.—

(1)

The

Corporation shall have and maintain its own

fund, to which shall be credited,—

(a) all monies received by the Corporation

by way of grants, subventions, interest,

profits, loans, advances or otherwise;

(b) all monies received by the Corporation

from the mining business and other allied

activities.

(c) all monies received by the Corporation

by way of royalties, rents and profits, or in

any other manner or from any other source

including the proceeds of any loan

authorized by section 20.

(2) The Corporation may keep in current or

in deposit account with the State Bank of India

or any other Public Sector Bank approved by

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the Government in this behalf such sum of

money out of its fund as may be 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 upon

by such officers of the Corporation as may be

authorized by it by regulations made in this

behalf.

19. Grants, subventions, loans, advances

and capital contribution to the Corporation.—

The Government may, after due appropriation

made by the State Legislature by any law in

this behalf, make such grants, subventions,

loans and advances and capital contributions

to the Corporation as it may deem necessary

for the performance of the functions of the

Corporation under this Act; and all grants,

subventions, loans, advances and capital

contribution made shall be on such terms and

conditions as the Government may determine.

20. Power of the Corporation to borrow.—

The Corporation may, subject to such

conditions as may be prescribed in this behalf

borrow money in the open market or

otherwise with a view to providing itself with

adequate resources, subject to prior approval

of the Government.

21. Reserve and other funds.— (1) The

Corporation shall make provision for such

reserve and other specially denominated

funds as the Government may, from time to

time, direct.

(2) The management of the funds referred

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

transferred from time to time to the credit

thereof and the application of money

comprised therein, shall be determined by the

Corporation.

(3) None of the funds referred to in sub-

section (1) shall be utilized for any purpose

other than that for which it was constituted,

without the previous approval of the

Government.

22. Expenditure from funds.— The

Corporation shall have the authority to spend

such sums as it thinks fit for the purposes

authorised under this Act from and out of the

general fund of the Corporation referred to in

section 18 or from the reserve and other funds

referred to in section 21, as the case may be.

23.

Budget and programme of work.— (1)

The Corporation 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 Corporation 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) A copy each of 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.

24. Accounts and audit.— (1) The

Corporation shall maintain books of accounts

and other books in relation to its business and

transaction in such form, and in such manner,

as may be prescribed.

(2) The accounts of the Corporation shall be

audited by an auditor appointed by the

Government, in the prescribed manner.

(3) As soon as the accounts of the

Corporation are audited, the Corporation 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 Corporation together with the

audit report thereon forwarded to it under

sub-section (3) to be laid annually before the

Legislative Assembly.

25. Concurrent and special audit of

accounts.— (1) Notwithstanding anything

contained in section 24, the Government may

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order that there shall be concurrent audit of

the accounts of the Corporation by such

persons 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

Corporation relating to any particular

transaction or class or series of transaction or

to a particular period.

(2) When an order is made under sub-

section (1), the Corporation 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.

26. Recovery of sums due to the Corporation

as arrears of land revenue.— All sums payable

by any person to the Corporation or

recoverable by it by or under this Act and all

charges or expenses incurred in connection

therewith shall, without prejudice to any other

mode of recovery, be recoverable as arrears

of land revenue on the application of the

Corporation.

27. Dissolution of Corporation.— (1) Where

the Government is satisfied that the purposes

for which the Corporation was established

under this Act have been substantially

achieved, so as to render the continued

existence of the Corporation in the opinion of

the

Government

unnecessary,

the

Government may by notification in the

Official Gazette declare that the Corporation

shall be dissolved with effect from such date

as may be specified in the notification, and the

Corporation, shall be deemed to be dissolved

accordingly.

(2) From the said date,–

(a) all properties, funds and dues which

are vested in, or realisable by the

Corporation, shall vest in, or be realisable

by, the Government;

(b) all liabilities which are enforceable

against the Corporation shall be enforceable

against the Government.

28. Power to make rules.— (1) The

Government may, after consultation with the

Corporation in regard to the matters

concerning it, by notification in the Official

Gazette, make rules to carry out the purposes

of this Act.

(2) In particular and without prejudice to

the generality of the foregoing power, such

rules may provide for all or any of the following

matters, namely:—

(a) under clause (d) of sub-section (2) of

section 5, the salary and allowances of the

Managing Director of the Corporation;

(b) under section 18, the sums of money

to be kept by the Corporation in Current and

deposit accounts;

(c) under section 20, subject to prior

approval of the Government;

(d) under section 23, the date by which

the annual financial statement and

programme of work shall be submitted by

the Corporation to the Government and the

form and manner of preparing such

statement;

(e) under section 24, the form and manner

of maintaining books and other books of

accounts; and manner of auditing accounts;

(f) any other matter which has to be, or

may be, prescribed by the rules.

29. Power to make regulations.— The

Corporation may, with the previous approval

of the Government, make regulations

consistent with this Act and the rules made

thereunder to carry out, the purposes of this

Act, and without prejudice to the generality

of this power, such regulations may provide

for:—

(a) under section 18(3), the Officer of the

Corporation who may operate its accounts:

(b) under section 28, the manner in which

Government lands shall be dealt with by the

Corporation after development.

30. Rules and regulations to be published in

the Official Gazette.— All rules and regulations

made under this Act shall be published in the

Official Gazette.

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31. Protection of action taken in good faith.—

No suit, prosecution or other legal proceedings

shall lie against any person for anything which

is in good faith done or intended to be done

under this Act or any rule or regulation made

there under.

32. Notice to suit and limitation of suits

against Corporation, Committees, Officers and

servant for acts done in pursuance of execution

of this Act.— (1) No suit shall lie against the

Corporation or against any committee

constituted under this Act, or against any

Officer, or servant of the Corporation in respect

of any act done in pursuance or execution or

intending execution of this Act, or in respect

of any alleged neglect, or default in the

execution of this Act,—

(a) unless it is commenced within six

months after the accrual of the cause of

action; and

(b) until the expiration of two months

after the notice in writing has been in the

case of the Corporation or its Committee,

delivered or left at the Corporation’s office

and in the case of an Officer or servant of

Corporation, delivered to him or left at his

office or place of abode; and all such notices

shall state with reasonable particulars the

cause of action and the name and place of

abode of the intending plaintiff and of his

advocate, pleader, or agent, if any, for the

purpose of the suit.

(2) If the defendant in any such suit is an

officer, or servant of the Corporation, payment

of any sum or part thereof payable by him in

or in consequence of the suit may, with the

sanction of the Corporation, be made from the

Corporation funds.

33. Members, officers and staff of

Corporation to be public servants.— All

officers and servants of the Corporation shall,

when acting or purporting to act in pursuance

of any of the provisions of this Act, be deemed

to be public servants within the meaning of

section 21 of the Indian Penal Code, 1860 (XLV

of 1860).

34.

Power to remove doubts and

difficulties.— If any doubt or difficulty arises

in giving effect to the provisions of this Act,

the Government may, by order, make provision

or give such direction not inconsistent with

the express provisions of this Act, as may

appear to it to be necessary or expedient for

the removal of doubt or difficulty:

Provided that, no such order shall be made

after the expiry of the period of two years from

the commencement of this Act.

Statement of Objects and Reasons

The Bill seeks to provide for establishment

of a Corporation to carry out mining operations

in an orderly, scientific and ecological

sustainable manner and for matters connected

therewith or incidental thereto.

This Bill seeks to achieve the above objects.

Financial Memorandum

Clause 5(2)(d) of the Bill provides that the

Managing Director shall receive such salary

and allowances as may be prescribed.

Clause 8 of the Bill provides for resignation

of the Managing Director at any time before

the expiry of his term upon three months’

notice or upon similar notice, be removed by

the Government without assigning any reason

provided that Government may, upon payment

of three months, salary and allowances in lieu

of the notice, remove the Managing Director

immediately without assigning any reason.

Clause 9 of the Bill empowers the

Corporation to appoint such officers, advisers,

experts, consultants and other employees, as

it considers necessary for the efficient

performance of its functions.

Clause 10 of the Bill empowers the

Corporation to engage suitable consultants or

persons having special knowledge or skill to

assist the Corporation in the performance of

its functions.

The establishment of the Corporation will

involve financial implications towards capital

expenditure (infrastructure), salaries, office

expenses, approximately to a tune of Rs. 5

Crores.

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Memorandum Regarding Delegated

Legislation

Clause 1(3) of the Bill empowers the

Government to appoint a date, by notification

in the Official Gazette, for bringing into force

the Act.

Clause 5(2) of the Bill empowers the

Government to frame rules for prescribing the

manner in which the Managing Director shall

receive the salary and the allowances.

Clause 18(2) of the Bill empowers the

Government to frame rules for prescribing

such sum of money out of Corporation’s fund

to be kept in current or in deposit account.

Clause 20 of the Bill empowers the

Government to frame rules for prescribing

conditions for borrowing money by the

Corporation in the open market.

Clause 23(1) of the Bill empowers the

Government to frame rules for prescribing

such date in each year by which the

Corporation shall prepare and submit annual

financial statement and the programme of

work for the succeeding financial year.

Clause 23(2) of the Bill empowers the

Government to frame rules for prescribing the

form for showing estimated receipts and

expenditure.

Clause 24(1) of the Bill empowers the

Government to frame rules for prescribing the

form and manner in which the Corporation

shall maintain the books of accounts.

Clause 24(2) of the Bill empowers the

Government to frame rules for prescribing the

manner in which the accounts of the

Corporation shall be audited.

These delegations are of normal character.

Porvorim, Goa,

DR. PRAMOD SAWANT

28th July, 2021.

Mines Minister/

Chief Minister

Assembly Hall,

NAMRATA ULMAN

Porvorim–Goa.

Secretary to the

28th 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, P. S. Sreedharan Pillai

Governor of Goa, hereby recommend the

introduction and consideration of the Goa

Mineral Development Corporation Bill, 2021,

by the Legislative Assembly of Goa.

_____

LA/LEGN/2021/859

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 Public Lighting Duty

Bill, 2021

(Bill No. 48 of 2021)

A

BILL

to provide for the levy and collection of public

lighting duty on the electricity consumers

in the State of Goa so as to create new

infrastructure for public lighting and to

operate and maintain public lighting

owned by Electricity Department and other

Government Departments in the entire

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 Republic

of India as follows:—

1. Short title, extent and commencement.—

(1) This Act may be called the Goa Public

Lighting Duty Act, 2021.

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

of Goa.

(3) It shall come into force on such date as

the Government may, by notification in the

Official Gazette, appoint.

2. Definitions.— In this Act, unless the

context otherwise requires,—

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(a) “Consumer” means the owner or

occupier of the premises which is for the

time being connected for supply of energy

with the distribution system in the State of

Goa;

(b) “Department” means the Electricity

Department Goa of the Government;

(c) “duty” means public lighting duty;

(d) “energy” means electrical energy

when generated, transmitted, supplied or

used for any purpose except the

transmission of a message;

(e) “Government” means the Govern-

ment of Goa;

(f) “notification” means a notification

published in the Official Gazette of the

Government;

(g) “Official Gazette” means the Official

Gazette of the Government;

(h) “prescribed” means prescribed by

rules made under this Act;

(i) “public lighting” means illumination

of streets and public places except facade

illumination;

(j) “tariff order” means the order issued

by the Joint Electricity Regulatory

Commission for a particular year;

3. Duty on units of energy consumed.— (1)

There shall be levied and collected a duty at

such rate as may be notified by the

Government by notification in the Official

Gazette:

Provided that no duty shall be leviable on

the units of energy consumed by the

Government (save in respect of premises used

for residential purposes).

(2) The duty levied under this section shall

be in addition to taxes, duties and cess levied

under any other law for the time being in

force.

4. Payment of duty.— (1) Every consumer

shall pay the duty to the Government at such

time and in such manner as may be

prescribed.

(2) Where any person fails or neglects to

pay the duty, at the time and in the manner

as prescribed, the Department may, without

prejudice to its right to recover the amount

under section 6, deduct such amount of duty

from the amount, if any, deposited by the

consumer with the Department and if such

amount cannot be realized then, after giving

not less than fifteen clear days’ notice in

writing to such person, cut off the supply of

energy to such person; and the Department

may, for that purpose, exercise the powers

conferred on a licensee by sub-section (1) of

section 56 of the Electricity Act, 2003 (Central

Act 36 of 2003), for recovery of duty from

such person.

5. Crediting proceeds of duty.— The

proceeds of the duty collected under section

3 of this Act shall be credited to the

Government treasury and shall be utilised by

the Department to create infrastructure for,

and maintain, public lighting and to settle

the bills towards the energy consumed for

the public lighting, in the State of Goa.

6. Recoveries.— Any sum due on account

of duty, if not paid at the time and in the

manner prescribed, shall be deemed to be in

arrears, and thereupon, interest on such sum

shall be payable at such rate as notified in

the tarrif order till such sum is paid; and the

sum together with any interest thereon, shall

be recoverable either through a civil court or

as arrears of land revenue.

7. Vesting of existing public lighting

infrastructure in the Department.— On and

from the date of commencement of this Act

the existing public lighting infrastructure in

the State of Goa shall be under the control of

the Department and all other Government

Departments and Government corporations

and urban and rural local bodies, etc. shall

hand over its maintenance to the Department

within a period of one month from the date of

such commencement.

8. Inspecting Officer.— (1) Any Officer of

the Department not below the rank of an

Assistant Engineer as notified by the

Government by notification in the Official

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Gazette shall be Inspecting Officer for the

purposes of this Act.

(2) Every such Inspecting Officer shall be

deemed to be a public servant within the

meaning of section 21 of the Indian Penal

Code (Central Act 45 of 1860).

9. Power to make Rules.— The Government

may, by notification in the Official Gazette,

make rules to carry out the provisions of this

Act.

10. Other Laws not affected.— The

provisions of this Act are in addition to and

not in derogation of the provisions of any other

law for the time being in force.

11. Power to remove of difficulties.— (1) If

any difficulty arises in giving effect to any

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 or the rules made

thereunder, as may be necessary or expedient

for the purpose of removing the said difficulty:

Provided that no such order shall be made

after the expiry of a period of two years from

the date of commencement of this Act.

(2) Every order made under this section

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

made, before the State Legislature.

12. Amendment of certain Acts.— Save as

otherwise provided in this Act, on and from

the date of commencement of this Act—

(i) in the Goa Panchayat Raj Act, 1994

(Goa Act 14 of 1994); in section 153, in sub-

section (3), clause (i) shall be omitted;

(ii) in the Goa Municipalities Act, 1968

(Act 7 of 1969), in section 101, in sub-

section (2), clause (c) shall be omitted.

Statement of Objects and Reason

The Panchayats and Municipality bodies

were maintaining the public street lights in

their respective Jurisdiction. From 1985

Electricity Department took over the

maintenance of streetlights in entire state of

Goa as the local bodies could not maintain

and upkeep the streetlights.

As per Electricity Supply Code 2018, local

bodies Village Panchayat, Municipalities, etc.

have to bear full cost of arranging power

supply to Public streetlights and install

Electric Network and operate, maintain and

replace streetlight fitting and Department

may carry out maintenance/replacement of

fixtures on payment basis and therefore the

entire service is chargeable. Any expenditure

incurred by Electricity Department Goa (EDG)

on streetlights including extension of network

and electricity bills is not allowed by

Regulatory Commission to be recovered

through tariff.

At present the energy bill and maintenance

in Panchayat and Municipality areas are paid

by Electricity Department through budget

allocation. Most of local bodies are not in

position to bear full cost of extension of

streetlight and maintenance of public lights

through their fund, thereby public suffers at

large.

Various Government Departments have

installed Public Streetlight as part of their

projects through their own fund but no

maintenance is undertaken due to lack of

funds, non-functioning of the same reflects

on Electricity Department, and Public is put

to hardship since the streetlights are not

functional.

To overcome the above issue and with aim

to streamline public streetlights, the bill for

‘Goa Public Lighting Duty Act, 2021’ has been

proposed.

This Bill seeks to achieve the following

objectives—

To levy Public Lighting Duty on energy

consumed as per the rates notified by the

Government for—

i. To erect public infrastructure for

public lighting and install streetlights.

ii. To operate and maintain and upkeep

all existing streetlights provided to

illuminate streets and public places in

Municipality and Panchayat areas in entire

Goa.

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iii. To pay the energy bills of public

streetlights in entire state of Goa.

iv. To operate, maintain and upkeep all

streetlights and public lights at all places

presently maintained by other Government

Departments and to erect the infrastructure

and streetlights on their request.

Financial Memorandum

By levying Public Lighting Duty as

proposed in the bill the Government will earn

annual revenue which will be utilised to

erect, operate and maintain public lights.

Memorandum Regarding Delegated

Legislation

Clause 1 (3) of the Bill empowers the

Government to issue notification for

appointing a date for bringing the Act into

force.

Clause 3 of the Bill empowers the

Government to issue notification for levy and

collection of a duty at such rate as may be

notified by the Government.

Clause 8 of the Bill empowers the

Government to notify Inspecting Officer.

Clause 9 of the Bill empowers the

Government to frame rules to carry out

provisions of the Act.

Clause 11 of the Bill empowers the

Government to remove difficulties.

Assembly Hall,

NILESH CABRAL

Porvorim, Goa.

Minister for Power.

29th July, 2021.

Assembly Hall,

(NAMRATA ULMAN)

Porvorim, Goa.

Secretary to the

29th 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, P. S. Sreedharan Pillai,

Governor of Goa, hereby recommend the

introduction and consideration of The Goa

Public Lighting Duty Bill, 2021, by the

Legislative Assembly of Goa.

P. S. SREEDHARAN PILLAI

Governor of Goa.

———ttt———

Department of Law

Legal Affairs Division

__

Notification

7/21/2021-LA

The Goa Town and Country Planning

(Amendment) Act, 2021 (Goa Act 27 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 08-09-2021, is

hereby published for the general information

of the public.

Pooja D. Phadte, Joint Secretary (Law).

Porvorim, 15th September, 2021.

_____

The Goa Town and Country Planning

(Amendment) Act, 2021

(Goa Act 27 of 2021) [08-09-2021]

AN

ACT

further to amend the Goa, Daman and Diu

Town and Country Planning Act, 1974 (Act

No. 21 of 1975).

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 Town and Country

Planning (Amendment) Act, 2021.

(2) It shall come into force at once.

2. Amendment of long title.— In the Goa,

Daman and Diu Town and Country Planning

Act, 1974 (Act 21 of 1975) (hereinafter

referred to as the “principal Act”), in the long

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1372

title, for the expression “Union territory of

Goa, Daman and Diu”, the words “State of

Goa” shall be substituted.

3. Amendment of section 1.— In section 1

of the principal Act,—

(i) in sub-section (1), the expression “,

Daman and Diu” shall be omitted;

(ii) for the words “Union territory”,

wherever they occur, the words “State of

Goa” shall be substituted.

4. Amendment of section 2.— In section 2

of the principal Act,—

(i) in clause (4), the expression “, Daman

and Diu” shall be omitted;

(ii) for clause (13), the following clause

shall be substituted, namely:—

“(13) “Government” means the

Government of Goa;”;

(iii) clauses (30A) and (30B) shall be

renumbered as clauses (30B) and (30C)

respectively and before clause (30B) so

renumbered, the following clause shall be

inserted, namely:—

“(30A) “State” means the State of

Goa;”;

(iv) clause (31) shall be omitted;

(v) in clause (32), the expression“ ,

Daman and Diu” shall be omitted.

5. Amendment of section 4.— In section 4

of the principal Act,—

(i) the expression “,Daman and Diu”,

wherever it occurs shall be omitted;

(ii) for the words “Union territory”, the

word “State” shall be substituted.

6. Amendment of sections 8, 9 and 110.—

In sections 8, 9 and 110 of the principal Act,

for the words “Union territory”, wherever

they occur, the words “State of Goa” shall

be substituted.

7. Amendment of section 44.— In section

44 of the principal Act, in sub-section (2), in

clause (a), for the words “Union territory”,

the word “State” shall be substituted.

8. Amendment of sections 64 and 140.— In

sections 64 and 140 of the principal Act, for

the words “Legislative Assembly of the Union

territory” wherever they occur, the words

“Legislative Assembly of Goa” shall be

substituted.

Secretariat

CHOKHA RAM GARG

Porvorim, Goa.

Secretary to the

Dated: 15-09-2021.

Government of Goa

Law Department

(Legal Affairs).

_____

Notification

7/29/2021-LA

The Goa Public Lighting Duty Act, 2021

(Goa Act 25 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 08-09-2021, is hereby published

for the general information of the public.

Pooja D. Phadte, Joint Secretary (Law).

Porvorim, 15th September, 2021.

_____

The Goa Public Lighting Duty

Act, 2021

(Goa Act 25 of 2021) [08-09-2021]

AN

ACT

to provide for the levy and collection of public

lighting duty on the electricity consumers

in the State of Goa so as to create new

infrastructure for public lighting and to

operate and maintain public lighting

owned by Electricity Department and other

Government Departments in the entire

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 Republic

of India as follows:—

1. Short title, extent and commencement.—

(1) This Act may be called the Goa Public

Lighting Duty Act, 2021.

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

of Goa.

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(3) It shall come into force on such date as

the Government may, by notification in the

Official Gazette, appoint.

2. Definitions.— In this Act, unless the

context otherwise requires,—

(a) “Consumer” means the owner or

occupier of the premises which is for the

time being connected for supply of energy

with the distribution system in the State of

Goa;

(b) “Department” means the Electricity

Department Goa of the Government;

(c) “duty” means public lighting duty;

(d) “energy” means electrical energy

when generated, transmitted, supplied or

used for any purpose except the

transmission of a message;

(e)

“Government”

means

the

Government of Goa;

(f) “notification” means a notification

published in the Official Gazette of the

Government;

(g) “Official Gazette” means the Official

Gazette of the Government;

(h) “prescribed” means prescribed by

rules made under this Act;

(i) “public lighting” means illumination

of streets and public places except facade

illumination;

(j) “tariff order” means the order issued

by the Joint Electricity Regulatory

Commission for a particular year;

3. Duty on units of energy consumed.— (1)

There shall be levied and collected a duty at

such rate as may be notified by the

Government by notification in the Official

Gazette:

Provided that no duty shall be leviable on

the units of energy consumed by the

Government (save in respect of premises used

for residential purposes).

(2) The duty levied under this section shall

be in addition to taxes, duties and cess levied

under any other law for the time being in

force.

4. Payment of duty.— (1) Every consumer

shall pay the duty to the Government at such

time and in such manner as may be

prescribed.

(2) Where any person fails or neglects to

pay the duty, at the time and in the manner

as prescribed, the Department may, without

prejudice to its right to recover the amount

under section 6, deduct such amount of duty

from the amount, if any, deposited by the

consumer with the Department and if such

amount cannot be realized then, after giving

not less than fifteen clear days’ notice in

writing to such person, cut off the supply of

energy to such person; and the Department

may, for that purpose, exercise the powers

conferred on a licensee by sub-section (1) of

section 56 of the Electricity Act, 2003 (Central

Act 36 of 2003), for recovery of duty from

such person.

5. Crediting proceeds of duty.— The

proceeds of the duty collected under section

3 of this Act shall be credited to the

Government treasury and shall be utilised by

the Department to create infrastructure for,

and maintain, public lighting and to settle

the bills towards the energy consumed for

the public lighting, in the State of Goa.

6. Recoveries.— Any sum due on account

of duty, if not paid at the time and in the

manner prescribed, shall be deemed to be in

arrears, and thereupon, interest on such sum

shall be payable at such rate as notified in

the tarrif order till such sum is paid; and the

sum together with any interest thereon, shall

be recoverable either through a civil court or

as arrears of land revenue.

7. Vesting of existing public lighting

infrastructure in the Department.— On and

from the date of commencement of this Act

the existing public lighting infrastructure in

the State of Goa shall be under the control of

the Department and all other Government

Departments and Government corporations

and urban and rural local bodies, etc. shall

hand over its maintenance to the Department

within a period of one month from the date of

such commencement.

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8. Inspecting Officer.— (1) Any Officer of

the Department not below the rank of an

Assistant Engineer as notified by the

Government by notification in the Official

Gazette shall be Inspecting Officer for the

purposes of this Act.

(2) Every such Inspecting Officer shall be

deemed to be a public servant within the

meaning of section 21 of the Indian Penal

Code (Central Act 45 of 1860).

9. Power to make Rules.— The Government

may, by notification in the Official Gazette,

make rules to carry out the provisions of this

Act.

10. Other Laws not affected.— The

provisions of this Act are in addition to and

not in derogation of the provisions of any other

law for the time being in force.

11. Power to remove of difficulties.— (1) If

any difficulty arises in giving effect to any

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 or the rules made

thereunder, as may be necessary or expedient

for the purpose of removing the said difficulty:

Provided that no such order shall be made

after the expiry of a period of two years from

the date of commencement of this Act.

(2) Every order made under this section

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

made, before the State Legislature.

12. Amendment of certain Acts.— Save as

otherwise provided in this Act, on and from

the date of commencement of this Act—

(i) in the Goa Panchayat Raj Act, 1994

(Goa Act 14 of 1994); in section 153, in sub-

section (3), clause (i) shall be omitted;

(ii) in the Goa Municipalities Act, 1968

(Act 7 of 1969), in section 101, in sub-

section (2), clause (c) shall be omitted.

Secretariat

CHOKHA RAM GARG

Porvorim, Goa.

Secretary to the

Dated: 15-09-2021.

Government of Goa

Law Department

(Legal Affairs).

Notification

7/34/2021-LA

The Goa Mineral Development Corporation

Act, 2021 (Goa Act 26 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 08-09-2021, is hereby

published for the general information of the

public.

Pooja D. Phadte, Joint Secretary (Law).

Porvorim, 15th September, 2021.

_____

The Goa Mineral Development

Corporation Act, 2021

(Goa Act 26 of 2021) [08-09-2021]

AN

ACT

to establish a Corporation to carry out mining

operation in an orderly, scientific and

ecological sustainable manner and for

matters connected therewith or incidental

thereto.

Be it enacted by the Legislative Assembly

of Goa in the Seventy- second Year of the

Republic of India as follows:—

1. Short title, extent and commencement.—

(1) This Act may be called the Goa Mineral

Development Corporation Act, 2021.

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

of Goa.

(3) It shall come into force on such date as

the Government may, by notification in the

Official Gazette, appoint.

2. Definitions.— In this Act, unless the

context otherwise requires,–

(a) “Board” means the Board of Directors

of the Corporation;

(b) “Chairperson” means the Chairperson

of the Corporation;

(c) “Corporation” means the Goa Mineral

Development Corporation established under

section 3 of this Act;

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(d) “Director” means a Director of the

Corporation;

(e) “Government” means the Government

of Goa;

(f) “mining lease” means a lease granted

for the purpose of undertaking mining

operations, and includes a sub-lease

granted for such purpose;

(g) “mining operations” means any

operations undertaken for the purpose of

winning any mineral;

(h) “Official Gazette” means Official

Gazette of the State;

(i) “prescribed” means prescribed by

rules made under this Act;

(j) “prospecting license” means a license

granted for the purpose of undertaking

prospecting operations;

(k) “rules” means rules made under this

Act;

(l) “regulations” means regulations made

under this Act;

(m) “State” means the State of Goa.

3. Establishment and incorporation,—

(1) For the purpose of carrying out mining

operations and allied activities in an orderly,

scientific and ecological sustainable manner,

there shall be established by the Government,

by notification in the Official Gazette, a

Corporation by the name of the Goa Mineral

Development Corporation.

(2)

The said Corporation shall be a body

corporate having 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.

(3) The Head Office of the Corporation shall

be at Panaji, Goa, or at any place as may be

directed by the Government.

4. Constitution.— (1) The Chief Minister of

the State shall be the Chairperson of the

Corporation and it shall consist of the following

other Directors, namely:—

(i) Secretary to the Government of Goa,

Mines Department;

(ii) Secretary to the Government of Goa,

Finance Department, or his nominee not

below the rank of Additional Secretary from

Finance Department;

(iii) Director of Mines;

(iv) A law graduate having experience of

handling matters related to mining to be

nominated by the Government;

(v) Two Chartered Accountants having

an experience of ten years or more, to be

nominated by the Government;

(vi) A Geologist to be nominated by the

Government;

(vii) Secretary to the Government of Goa,

Department of Environment and Climate

Change.

(viii)

Managing

Director

of

the

Corporation who shall be the Ex-Officio

Secretary to the Corporation.

5. Managing Director.— (1) The Managing

Director shall be appointed by the

Government.

(2) The Managing Director shall,—

(a) be a whole time officer of the

Corporation;

(b) perform such duties and functions as

may be specified or as may be assigned to

him;

(c) hold office for a term of three years from

the date of his appointment and shall remain

in office thereafter for three months or until

a successor in that office is appointed,

whichever is earlier;

(d) receive such salary and allowances

as may be prescribed;

(e) divest himself of any directorship of,

or other interest held by him in, any other

Corporation, Company or concern; and

(f) not become a Director of, or acquire

any share or other interest in any other

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Corporation, Company or concern during his

term of office:

Provided that nothing in this section shall

prevent the Managing Director from holding

shares in any public company acquired by

him before this appointment but he shall

declare such shares to the Government at

the time of his appointment:

Provided further that the Government

may, in exceptional circumstances, where

it considers necessary to do so, exempt by

a special order any person who has been

appointed or is about to be appointed as

Managing Director from the application of

this section.

(2) Nothing in this section shall preclude

the Government from extending the term of

office of a Managing Director for such period

as the Government may determine.

6. Disqualification of Managing Director

and/or Director.— A person shall be

disqualified for being nominated/appointed as

a Director or Managing Director of the

Corporation, if he —

(a) is, or at any time has been, convicted

of any offence involving moral turpitude; or

(b) is, or at any time has been, disqualified

for appointment in, or dismissed from,

Government service; or

(c) is, or at any time has been, adjudged

insolvent; or

(d) is of unsound mind and stands so

declared by a Competent Court; or

(e) is not a citizen of India; or

(f) is less than twenty five years of age.

7. Removal of Managing Director and/or

Directors.— The Government may, by order in

writing, remove the Managing Director or a

Director, as the case may be, after giving him

an opportunity of being heard if he,—

(a) refuses to act or fails to discharge or

becomes, in the opinion of the Government,

incapable of discharging his responsibilities

under this Act;

(b) has, in the opinion of the Government,

abused his position as Managing Director

or Director which has rendered his

continuance on the Corporation detrimental

to the interest thereof or of the general

public; or

(c) is otherwise unfit to continue as a

Managing Director or Director;

(d) has knowingly acquired or continued

to hold, without the permission in writing

of Government directly or indirectly, or

through a partner any share or interest in

any contract or employment with, or on

behalf of the Corporation or in any property,

which he knows is likely to benefit or has

benefited him as a result of the operation of

the Corporation.

8. Resignation by or removal of Managing

Director or Directors.— Notwithstanding

anything contained in this Act, the Managing

Director or a Director, at any time before the

expiry of his term and upon three months’

notice, resign his office, or upon similar notice,

be removed from office by the Government

without assigning any reason:

Provided that Government may, upon

payment of three months’ salary and

allowances in lieu of the notice, remove the

Managing Director immediately without

assigning any reason.

9.

Appointment

of

officers.—

The

Corporation may appoint such officers,

advisers, experts, consultants and other

employees, as it considers necessary for the

efficient performance of its functions under this

Act on such terms and conditions as it may

deem fit, subject to such general or special

directions as the Government may give from

time to time in this behalf.

10. Financial, technical and advisory

committees.— The Corporation may constitute

such financial, technical and advisory

committees to advise the Corporation as may

be deemed necessary for carrying out the

purposes of this Act. The Corporation may

engage suitable consultants or persons having

special knowledge or skill to assist the

Corporation in the performance of its functions.

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11. Meetings of Board.— (1) The Board shall

meet at such time and places and shall,

subject to the provisions of sub-section (2)

observe such rules or procedure in regard to

the transaction of its business as may be

provided by the regulations made under this

Act.

(2) A Director, Chairperson or the Managing

Director who is directly or indirectly concerned

or is interested in any of the resolutions or

decisions shall abstain himself from such

discussion or decision when such subject

matter is taken up for discussion or decision:

Provided that when the Chairperson is

required to abstain as aforesaid, the meetings

shall be chaired by any other Director to be

appointed by majority in such meeting, when

discussing or taking decision on such subject.

(3) The quorum required for transaction of

the business at the meeting of the Board shall

be three.

(4) In the event of equality of vote, the

Chairperson shall have the casting vote.

(5) The meetings of the Board shall be

presided over by the Chairperson and in his

absence by a Director elected for the purpose

by the Directors present from amongst

themselves.

(6) No act or proceedings of the Board shall

be invalid merely on the ground of existence

of any vacancy in the Board.

(7)

The minutes of every meeting of the

Board, stating among other things, the names

of the Directors present, shall be drawn up and

recorded in a book to be kept for the purpose

and shall be signed by the person presiding

over the meeting and such book shall, at all

reasonable times and without payment of any

fee, be open for inspection to the Directors.

12. Management and administration.— (1)

The management and administration of the

Corporation and its affairs shall vest in the

Board which may exercise all powers and do

all acts which may be necessary for the

purposes of this Act.

(2) The Board in discharge of its functions

shall act after considering welfare of the public

and commercial aspects and shall follow such

directions as the Government may give from

time to time.

(3) If the Board fails to obey any directions

mentioned in sub-section (2) or if the Board,

its Managing Director or any Director

contravenes the provisions of this Act or of the

rules or regulations made thereunder or if the

Managing Director or any Director is found

guilty of misconduct, Government may remove

all or any of the Directors or the Managing

Director, as the case may be, and

notwithstanding anything to the contrary

contained in sections 5 and 6, appoint

temporarily other persons in their place to be

the Directors or the Managing Director, as the

case may be, until new Directors are appointed

in accordance with the provisions of section 5

or a new Managing Director is appointed in

accordance with the provisions of section 6;

provided that only the provisions of clauses (a),

(b), (d) and (e) of sub-section (2) of section 6

shall apply to the person appointed temporarily

under this sub-section to be the Managing

Director.

(4) The Government may suspend the

execution of any resolution or order of the

Board as in the opinion of Government

contravenes the provisions of this Act, the

Rules and Regulations framed under this Act,

or the directions mentioned in sub-section (2),

or prohibit the doing of any act which is to be

done or is being done in pursuance of such

resolution or order, or if the act has been

accomplished, order its rectification in such

manner as may be directed.

13. Submission of returns, statements, etc.

to the Government.— (1) The Government

may require the Managing Director to furnish

to it –

(a) any return, statement, estimate,

statistics or other information regarding any

matter under the control of the Corporation;

or

(b) a report on any such matter; or

(c) a copy of any document in his charge,

and

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the Managing Director shall comply with any

such requisitions without any undue delay.

(2) The Managing Director shall prepare and

submit a quarterly report to the Board.

14. Power of Board to associate other

persons.— (1) The Board may associate with

itself, in such manner, on such terms and for

such period as it may deem fit, any person

whose assistance or advice it may desire in

carrying out any of the provisions of this Act.

(2) A person associated under sub-section

(1) for any purpose shall have the right to take

part in the discussion relating to such purpose

in the meetings of the Board, but shall not have

the right to vote, and shall not be deemed to

be a Director for that or any other purpose.

15. Functions of the Corporation.— (1) The

Corporation shall obtain mining leases/grants,

prospecting licenses, etc. under the Mines

and Mineral Development and Regulation

Act, 1957 (Act 67 of 1957) and carry out all

mining operations in accordance with the

said Act.

(2) The Corporation shall also carry out

mining operations for the State under MMDR

Act.

(3) The Corporation shall carry out business

relating to the mining dumps, transportation,

extraction of ore, export of ore and mining

rejects, slurries, tailings, etc. as may be directed

by the Government from time to time. The

Corporation shall also participate in the

auction related to mining lease/prospecting

licence as and when Government auctions

such mining leases/prospecting licenses.

(4) The Corporation shall be entitled to enter

into any contracts, agreements, memorandum

of understandings, etc. for engaging entities

for the purpose of carrying out mining

operations as it may consider necessary or

expedient or any other business connected

therewith in accordance with this Act.

(5) The Corporation shall be entitled to

publicly auction, sell the ore which is extracted

or which may be otherwise required to be sold

by the Corporation, on such terms and

conditions as it may deem fit.

(6) The Corporation shall also carry out such

other activities as may be directed by the

Government from time to time.

16. The authentication of orders and

documents of the Corporation.— All the

permissions, orders, other documents of the

Corporation shall be authenticated by the

signature of the Managing Director or any

other Officer authorized by the Corporation in

this behalf. The Government may issue to the

Corporation such general or special directions

as to the Policy, as it may think necessary or

expedient for the purpose of carrying out the

purposes of this Act and the Corporation shall

be bound to follow and act upon such

directions.

17. Application of Corporation’s assets.— All

property, funds and other assets vesting in the

Corporation shall be held and applied by it,

subject to the provisions and for the purposes

of this Act.

18.

Corporation’s

fund.—

(1)

The

Corporation shall have and maintain its own

fund, to which shall be credited,—

(a) all monies received by the Corporation

by way of grants, subventions, interest,

profits, loans, advances or otherwise;

(b) all monies received by the Corporation

from the mining business and other allied

activities.

(c) all monies received by the Corporation

by way of royalties, rents and profits, or in

any other manner or from any other source

including the proceeds of any loan

authorized by section 20.

(2) The Corporation may keep in current or

in deposit account with the State Bank of India

or any other Public Sector Bank approved by

the Government in this behalf such sum of

money out of its fund as may be 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 upon

by such officers of the Corporation as may be

authorized by it by regulations made in this

behalf.

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19. Grants, subventions, loans, advances

and capital contribution to the Corporation.—

The Government may, after due appropriation

made by the State Legislature by any law in

this behalf, make such grants, subventions,

loans and advances and capital contributions

to the Corporation as it may deem necessary

for the performance of the functions of the

Corporation under this Act; and all grants,

subventions, loans, advances and capital

contribution made shall be on such terms and

conditions as the Government may determine.

20. Power of the Corporation to borrow.—

The Corporation may, subject to such

conditions as may be prescribed in this behalf

borrow money in the open market or

otherwise with a view to providing itself with

adequate resources, subject to prior approval

of the Government.

21. Reserve and other funds.— (1) The

Corporation shall make provision for such

reserve and other specially denominated

funds as the Government may, from time to

time, direct.

(2) The management of the funds referred

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

transferred from time to time to the credit

thereof and the application of money

comprised therein, shall be determined by the

Corporation.

(3) None of the funds referred to in sub-

section (1) shall be utilized for any purpose

other than that for which it was constituted,

without the previous approval of the

Government.

22. Expenditure from funds.— The

Corporation shall have the authority to spend

such sums as it thinks fit for the purposes

authorised under this Act from and out of the

general fund of the Corporation referred to in

section 18 or from the reserve and other funds

referred to in section 21, as the case may be.

23.

Budget and programme of work.— (1)

The Corporation 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 Corporation 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) A copy each of 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.

24. Accounts and audit.— (1) The

Corporation shall maintain books of accounts

and other books in relation to its business and

transaction in such form, and in such manner,

as may be prescribed.

(2) The accounts of the Corporation shall be

audited by an auditor appointed by the

Government, in the prescribed manner.

(3) As soon as the accounts of the

Corporation are audited, the Corporation 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 Corporation together with the

audit report thereon forwarded to it under

sub-section (3) to be laid annually before the

Legislative Assembly.

25. Concurrent and special audit of

accounts.— (1) Notwithstanding anything

contained in section 24, the Government may

order that there shall be concurrent audit of

the accounts of the Corporation by such

persons 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

Corporation relating to any particular

transaction or class or series of transaction or

to a particular period.

(2) When an order is made under sub-

section (1), the Corporation shall present or

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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.

26. Recovery of sums due to the Corporation

as arrears of land revenue.— All sums payable

by any person to the Corporation or

recoverable by it by or under this Act and all

charges or expenses incurred in connection

therewith shall, without prejudice to any other

mode of recovery, be recoverable as arrears

of land revenue on the application of the

Corporation.

27. Dissolution of Corporation.— (1) Where

the Government is satisfied that the purposes

for which the Corporation was established

under this Act have been substantially

achieved, so as to render the continued

existence of the Corporation in the opinion of

the

Government

unnecessary,

the

Government may by notification in the

Official Gazette declare that the Corporation

shall be dissolved with effect from such date

as may be specified in the notification, and the

Corporation, shall be deemed to be dissolved

accordingly.

(2) From the said date,–

(a) all properties, funds and dues which

are vested in, or realisable by the

Corporation, shall vest in, or be realisable

by, the Government;

(b) all liabilities which are enforceable

against the Corporation shall be enforceable

against the Government.

28. Power to make rules.— (1) The

Government may, after consultation with the

Corporation in regard to the matters

concerning it, by notification in the Official

Gazette, make rules to carry out the purposes

of this Act.

(2) In particular and without prejudice to

the generality of the foregoing power, such

rules may provide for all or any of the following

matters, namely:—

(a) under clause (d) of sub-section (2) of

section 5, the salary and allowances of the

Managing Director of the Corporation;

(b) under section 18, the sums of money

to be kept by the Corporation in Current and

deposit accounts;

(c) under section 20, subject to prior

approval of the Government;

(d) under section 23, the date by which

the annual financial statement and

programme of work shall be submitted by

the Corporation to the Government and the

form and manner of preparing such

statement;

(e) under section 24, the form and manner

of maintaining books and other books of

accounts; and manner of auditing accounts;

(f) any other matter which has to be, or

may be, prescribed by the rules.

29. Power to make regulations.— The

Corporation may, with the previous approval

of the Government, make regulations

consistent with this Act and the rules made

thereunder to carry out, the purposes of this

Act, and without prejudice to the generality

of this power, such regulations may provide

for:—

(a) under section 18(3), the Officer of the

Corporation who may operate its accounts:

(b) under section 28, the manner in which

Government lands shall be dealt with by the

Corporation after development.

30. Rules and regulations to be published in

the Official Gazette.— All rules and regulations

made under this Act shall be published in the

Official Gazette.

31. Protection of action taken in good faith.—

No suit, prosecution or other legal proceedings

shall lie against any person for anything which

is in good faith done or intended to be done

under this Act or any rule or regulation made

there under.

32. Notice to suit and limitation of suits

against Corporation, Committees, Officers and

servant for acts done in pursuance of execution

of this Act.— (1) No suit shall lie against the

Corporation or against any committee

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constituted under this Act, or against any

Officer, or servant of the Corporation in respect

of any act done in pursuance or execution or

intending execution of this Act, or in respect

of any alleged neglect, or default in the

execution of this Act,—

(a) unless it is commenced within six

months after the accrual of the cause of

action; and

(b) until the expiration of two months

after the notice in writing has been in the

case of the Corporation or its Committee,

delivered or left at the Corporation’s office

and in the case of an Officer or servant of

Corporation, delivered to him or left at his

office or place of abode; and all such notices

shall state with reasonable particulars the

cause of action and the name and place of

abode of the intending plaintiff and of his

advocate, pleader, or agent, if any, for the

purpose of the suit.

(2) If the defendant in any such suit is an

officer, or servant of the Corporation, payment

of any sum or part thereof payable by him in

or in consequence of the suit may, with the

sanction of the Corporation, be made from the

Corporation funds.

33. Members, officers and staff of

Corporation to be public servants.— All

officers and servants of the Corporation shall,

when acting or purporting to act in pursuance

of any of the provisions of this Act, be deemed

to be public servants within the meaning of

section 21 of the Indian Penal Code, 1860 (XLV

of 1860).

34.

Power to remove doubts and

difficulties.— If any doubt or difficulty arises

in giving effect to the provisions of this Act,

the Government may, by order, make provision

or give such direction not inconsistent with

the express provisions of this Act, as may

appear to it to be necessary or expedient for

the removal of doubt or difficulty:

Provided that, no such order shall be made

after the expiry of the period of two years from

the commencement of this Act.

Secretariat

CHOKHA RAM GARG

Porvorim, Goa.

Secretary to the

Dated: 15-09-2021.

Government of Goa

Law Department

(Legal Affairs).

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