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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1371
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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1373
(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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