Chapter VI Chapter VI

Supplementary and Miscellaneous Provisions estates.— (1) If the Corporation after holding local inquiry, or upon report from any of its officers or other information in it’s possession, is satisfied that the owner of any land in a health estate has failed to provide any amenity in relation to the land which in the opinion of the Corporation ought to be provided or to carry out any development of the land for which permission has been obtained under this Act, the Corporation may serve upon the owner a notice requiring him to provide the amenity or carry out the development within such time as may be specified in the notice.

1. (2) If any such amenity is not provided or any such development is not carried out within the time specified in the notice, the Corporation may itself provide the amenity or carry out the development or have it provided or carried out through such agency as it deems fit: Provided that, before taking any action under this sub-section, the Corporation shall afford reasonable opportunity to the owner of the land to show cause as to why such action should not be taken.
2. (3) All expenses incurred by the Corporation or the agency employed by it in providing the amenity or carrying out the development together with interest, at such rate as the Government may by order fix, from the date when a demand for the expenses is made until payment, shall be recoverable by the Corporation from the owner.

1. (1) Where the erection of any building in a health estate has been commenced, or is being carried on, or has been completed, or any existing building is altered, in contravention of the terms on which such building or the land on which it stands is held or granted by or under this Act, or any rules made thereunder, any officer of the Corporation empowered by it in this behalf may, in addition to any prosecution that may be instituted under this Act, make an order directing that such erection shall be demolished by the owner thereof within such period not exceeding two months as may be specified in the order, and on the failure of the owner to comply with the order, the officer may himself cause the erection to be demolished and the expenses of such demolition shall be recoverable by the Corporation from the owner: Provided that, no such order shall be made unless the owner has been given a reasonable opportunity to show cause why the order should not be made.
2. (2) Any person aggrieved by an order under sub-section (1) may appeal against that order within thirty days from the date thereof to a Committee of the Corporation set up for the purpose by regulations made in this behalf. Such Committee may after hearing the parties to the appeal either allow or dismiss the appeal or reverse or vary the order or any part of it.
3. (3) The decision of the Committee on the appeal and subject only to such decision the order made by the officer under sub-section (1) shall be final.

1. (1) Where the erection of any building in a health estate has been commenced, or is being carried on, or has been completed, or any existing building is altered, in contravention of the terms on which such building or the land on which it stands is held or granted under this Act or any rules made thereunder, any officer of the Corporation empowered in this behalf may, in addition to any prosecution that may be instituted under this Act, make an order requiring the building operations in relation to such erection to be discontinued on and from the date of service of the order.
2. (2) Where such building operations are not discontinued in pursuance of the requisition under sub-section (1), the Corporation or the officer empowered as aforesaid may require any police officer to remove the person by whom the erection of the building has been commenced and all his assistants and workmen from the place of the building within such time as may be specified in the requisition and such police officer shall comply with the requisition accordingly.
3. (3) After a requisition under sub-section (2) has been complied with, the Corporation or the officer empowered as aforesaid may depute by a written order a police officer or an officer, or employee of the Corporation to watch the place in order to ensure that the erection of the building is not continued.
4. (4) Any person failing to comply with an order made under sub-section (1) shall, on conviction, be punished with fine which may extend to two hundred rupees for every day during which such non-compliance continues after the service of the order.
5. (5) No compensation shall be claimed by any person for any damage or loss which he may sustain in consequence of any order made under this section.

(1) Any person who, whether at his own instance or at the instance of any other person, undertakes or carries out construction of, or alterations to, any building in a health estate contrary to the terms under which he holds such building or land under this Act or any rules made thereunder shall, on conviction be punished with fine which may extend to ten thousand rupees, and in the case of a continuing contravention with a further fine which may extend to five hundred rupees for each day during which such offence continues after conviction for the commission of first offence.

1. (2) Any person who uses any land or building in a health estate contrary to the terms under which he holds such land or building under this Act or any rules made thereunder

or in contravention of the provisions of any regulations made in this behalf shall, on conviction, be punished with fine which may extend to five thousand rupees.

1. (1) Within any estate taken up for development under sub-clause (b) of clause (ii) of section 13, the Corporation, or any person empowered in this behalf by the Government by Notification in the Official Gazette (hereinafter in this section referred to as “the authorised person”), may, for the purposes of (a) carrying gas, water or electricity from a source of supply to the said area or (b) constructing any sewers or drains through, any intervening area, lay down, place, maintain, alter, remove or repair any pipes, pipe lines, conduits, supply or service lines, posts or other appliances or apparatus in, on, under, over, along or across any land in such estate.
2. (2) The Corporation or the authorised person may at any time enter upon any land in

any such estate and in such event the provisions of section 35 shall mutatis mutandis apply.

1. (3) While exercising the power conferred by sub-section (1), the Corporation or the authorised person shall cause as little damage as possible to property. Full compensation to all persons interested for any damage sustained by them in consequence of the exercise of such power as aforesaid shall be paid, as the case may be, by the Corporation or, in the case of the authorised person, by the Government.
2. (4) Nothing herein shall authorise or empower the Corporation or the authorised person to lay down or place any pipe or other works into, through or against any

building or in any land not dedicated to public use without the consent of the owners and occupiers thereof, except that the Corporation or such person may at any time enter upon and lay or place any new pipe in the place of an existing pipe in any land wherein any pipe has been already lawfully laid down or placed in pursuance of this Act, and may repair or alter any pipe so laid down: Provided that, nothing in the aforesaid provision shall be construed to mean that the Corporation or other person is forbidden from having the said land acquired at any time by the Government in the normal course.

Any officer of Government, any member of the Corporation, and any person either generally or specially authorised by the Corporation in this behalf, may enter into or upon any land or building with or without assistants of workmen for the purpose of—

1. (a) making any inspection, survey, measurement, valuation or enquiry or taking, levels of such land or building;
2. (b) examining works under construction and ascertaining the course of sewers and drains;
3. (c) digging or boring into the sub-soil;
4. (d) setting out boundaries and intended lines of work;
5. (e) marking such levels, boundaries and lines by placing marks and cutting trenches;
6. (f) doing any other thing necessary for the efficient administration of this Act: Provided that,—
   • (i) no such entry shall be made except between the hours of sunrise and sunset and without giving reasonable notice to the occupier, or if there be no occupier to the owner of the land or building;
   • (ii) sufficient opportunity shall in every instance be given to enable women (if any) to withdraw from such land or building;
   • (iii) due regard shall always be had, so far as may be compatible with the exigencies

of the purpose for which the entry is made, to the social and religious usages of the occupants of the land or building entered.

The Government may, by Notification in the Official Gazette, nominate any officer of the Corporation to be a controller or licensing authority under any law for the time being in force relating to the procurement or distribution of any commodity in respect of the health undertakings established or to be established in the health estates entrusted to or developed by the Corporation and no such nomination shall be called into question merely on the ground that such officer is not an officer of the Government.

Notwithstanding anything contained in any other law, or in any licence or permit, if the Government is satisfied either on a recommendation made in this behalf by the Corporation or otherwise, that the setting up of a health undertaking (whether within a health estate or outside) is impeded by a local authority’s refusal to grant or by such authority’s insistence on conditions which the Government considers unreasonable for the grant of, any amenity, the Government may direct the local authority to grant the said amenity on such conditions as it may consider fit and thereupon the amenity shall be granted: Provided that the charge to be paid for granting or continuing such amenity to the local authority concerned is not less than the cost to the local authority or licensee concerned for providing such amenity: Provided further that, no such direction shall be issued by the Government unless the local authority shall have been given a reasonable opportunity to show cause why any such direction should not be made.

1. (1) Notwithstanding anything to the contrary contained in any other law for the time being in force, the Government may, by Notification in the Official Gazette,—
   • (a) declare a health estate which is—
2. (1) earmarked as health estate; and
3. (2) having adequate facilities in respect of power, roads, water supply, to be notified estate;
   • (b) appoint the Corporation or any Officer or Committee thereof for the purpose of the assessment and recovery of any taxes when imposed as per the provisions made thereof;
   • (c) declare that the provisions of any law relating to local authorities providing for control or erection of buildings, levy and collection of taxes, fees and other dues to the local authority which is in force in that notified estates shall cease to apply and thereupon such provisions shall cease to apply thereof: Provided that the Municipalities, Village Panchayats and Municipal Corporations which were receiving house tax from the occupants in the notified estates under their respective laws, shall be compensated by the Government to the extent of the last financial year’s collection of taxes for such period as may be determined by the Government which shall not be less than five years.
   • (d) make other provision as is necessary for the purpose of the enforcement of the provision so provided to that estate.
4. (2) Before the publication of a Notification under sub-section (1), the Government

shall cause to be published in the Official Gazette and also in atleast one newspaper published in a language other than English and circulating in the estate to be specified in the Notification, inviting all persons who entertain any objections to the said proposal to submit the same in writing with reasons therefor to the Government within two months from the date of publication of the proclamation in the Official Gazette.

1. (3) No such Notification under sub-section (1) shall be issued by the Government, unless the objections, if any, so submitted under sub-section (2) are in it’s opinion insufficient or invalid.

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.

1. (1) All notices, orders and other documents required by this Act or any rule or regulation made thereunder to be served upon any person shall, save as otherwise provided in this Act or such rules or regulations be deemed to be duly served—
   • (a) where the person to be served is a company, the service is effected in accordance with the provisions of section 51 of the Companies Act, 1956 (1 of 1956);
   • (b) where the person to be served is a firm, if the document is addressed to the firm at it’s principal place of business identifying it by the name or style under which it’s business is carried on, and is either—
     • (i) sent under a certificate of posting or by registered post; or
     • (ii) left at the said place of business;
   • (c) where the person to be served is a statutory public body or a corporation or a society or other body, if the document is addressed to the secretary, treasurer or other chief officer of that body, corporation or society at it’s principal office and is either—
     • (i) sent under a certificate of posting or by registered post; or
     • (ii) left at that office;
   • (d) in any other case, if the document is addressed to the person to be served and—
     • (i) is given or tendered to him; or
     • (ii) if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building to which it relates; or
     • (iii) is sent under a certificate of posting or by registered post to that person.
2. (2) Any document which is required or authorised to be served on the owner or occupier of any land or building may be addressed to “the owner” or “the occupier” as the case may be, of that land or building (naming that land or building) without further name or description, and shall be deemed to be duly served—
   • (a) if the document so addressed is sent or delivered in accordance with clause (d) of sub-section (1); or
   • (b) if the document so addressed or a copy thereof so addressed, is given or tendered to some person on the land or building or, where there is no person on the land or building to whom it can be delivered, is affixed on some conspicuous part of the land or building.
3. (3) Where a document is served on firm in accordance with this section, the document shall deemed to be served on each partner.
4. (4) For the purpose of enabling any document to be served on the owner of any property, the occupier (if any) of the property may be required by notice in writing by the Government or the Corporation, as the case may be, to state the name and address of the owner, thereof.

Every public notice given under this Act or any rules or regulations made thereunder shall be in writing over the signature of the officer concerned and shall be widely made known in the locality to be effected thereby affixing copies thereof in conspicuous public places, within the said locality, or by publishing the same by beat of drum or by advertisement in a local newspaper, or by any two or more of these means, and by any other means that the officer may think fit.

Where any notice, order or other document issued or made under this Act or any rule or regulation made thereunder requires anything to be done for the doing of which no time is fixed by this Act or the rules or regulations, the notice, order or other document shall specify a reasonable period of time for doing the same or complying therewith.

1. (1) The Corporation shall furnish to the Government such returns, statistics, reports, accounts and other information with respect to its conduct of affairs, properties or activities or in regard to any proposed work or scheme as the Government may from time to time require.
2. (2) The Corporation shall in addition to the audit report referred to in section 25 furnish to the Government an annual report on it’s working as soon as may be after the end of each financial year in such form and detail as may be prescribed, and a copy of the annual report, shall be placed before the Legislative Assembly as soon as may be after it is received by the Government.

Where the Government is satisfied that in respect of any particular health estate or any part thereof, the purpose for which the Corporation was established under this Act has been substantially achieved so as to render the continued existence of such estate or part thereof under the Corporation unnecessary, the Government may, by Notification in the Official Gazette, declare that such health estate or part thereof has been removed from the jurisdiction of the Corporation. The Government may also make such other incidental arrangements for the administration of such health estate or part thereof as the circumstances necessitate.

1. (1) If the Government is satisfied that the Corporation has made a default in performing of any duty or obligation imposed or cast on it by or under this Act, the Government may fix a period for the performance of that duty or obligation and give notice to the Corporation accordingly.
2. (2) If in the opinion of the Government, the Corporation fails or neglects to perform such duty or obligation within the period so fixed for it’s performance, it shall be lawful for the Government to supersede and reconstitute the Corporation, as it deems fit.
3. (3) After the supersession of the Corporation and until it is reconstituted in the

manner laid down in Chapter II, the powers, duties and functions of the Corporation under this Act shall be carried on by the Government or by such officer or officers or body of officers as the Government may appoint for this purpose from time to time.

1. (4) All property vested in the Corporation shall, during the period of supersession, vest in the Government.

1. (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.

1. (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 enforce- able against the Government.

Unless otherwise expressly provided, no Court shall take cognizance of any offence relating to property belonging to or vested in the Corporation, punishable under this Act, except on the complaint of, or upon information received from the Corporation or some person authorised by the Corporation by general or special order in this behalf.

1. (1) The Corporation or any person authorised by the Corporation by general or special order in this behalf may, either before or after the institution of the proceedings, compound any offence made punishable by or under this Act.
2. (2) Where an offence has been compounded, the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of the offence compounded.

1. (1) Whenever an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of or was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that, nothing contained in this sub-section shall render any such person

liable to any punishment under this Act if he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of such offence.

1. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any Director, Manager, Secretary or other officer, then such Director, Manager, secretary or officer, as the case may be, shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.— For the purposes of this section—
   • (a) “company” means any body corporate, and includes a firm or association of individuals; and
   • (b) “Director”, in relation to a firm, means a partner in the firm.

1. (1) Any person who obstructs the entry of a person authorised under section 35 or any person with whom the Corporation has entered into a contract in the performance and execution by such person, to enter into or upon any land or building or molests such person after such entry or who obstructs the lawful exercise by him of any power conferred by or under this Act shall, on conviction by a competent court, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
2. (2) If any person removes any mark set up for the purpose of indicating any level,

boundary line, or direction necessary to the execution of works authorised under this

Act, he shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to Rs. 1000/- or with both.

1. (1) The Government, after consultation with the Corporation in regard to matters concerning it, may, by Notification in the Official Gazette, make rules to carry out the purposes of this Act:

Provided that, consultation with the Corporation shall not be necessary on the first occasion of the making of rules under this section, but the Government shall take into consideration any suggestions which the Corporation may make in relation to the amendment of such rules after they are made.

1. (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 section 6, the allowances and honorarium of members of the Corporation;
   • (b) under section 12, the conditions of appointment and service and the scales of pay of the Managing Director and Chief Accounts Officer of the Corporation;
   • (c) under section 18, the sums of money to be kept by the Corporation in current and deposit accounts;
   • (d) under section 20, the condition subject to which the Corporation may borrow;
   • (e) under section 24, 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;
   • (f) under section 25, the manner of maintaining accounts;
   • (g) under section 43, the form of, and the details to be given in, the annual report;
   • (h) the fees which may be charged by the Corporation;
     • (i) any other matter which has to be, or may be, prescribed by the rules.

1. (1) 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 7, the time and place of meeting of the Corporation and the procedure to be followed in regard to the transaction of business at such meetings;
   • (b) under section 12, the conditions of appointment and service and the scales of pay of officers and servants of the Corporation, other than the Managing Director and the Chief Accounts Officer;
   • (c) under section 18, the officer of the Corporation who may operate it’s accounts;
   • (d) under section 29, the manner in which Government lands shall be dealt with by the Corporation after development;
   • (e) under section 31, the committee of the Corporation to hear appeals under that section and the procedure to be followed by it;
   • (f) any other matter which has to be, or may be, provided by regulations.
2. (2) All regulations made under this section shall be published in the Official Gazette and shall be laid for not less than fourteen days before the Legislative Assembly as soon as possible after they are made, and shall be subject to such modifications as the Legislature may make during the session in which they are so laid, or the session immediately following.

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 thereunder.

Officers and servants 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,—

1. (a) unless it is commenced within six months after the accrual of the cause of action; and
2. (b) until the expiration of two months after the notice in writing has been in the case of the Corporation or it’s 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.

1. (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 funds of Corporation.

All members, 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 (XLV of 1860).

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 provisions of this Act, as may appear to it to be necessary or expedient for the removal of the doubt or difficulty, and the order of the Government, in such cases, shall be final.

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Goa Municipalities Act, 1968 (Act 7 of 1969); the Goa Panchayat Raj Act, 1994 (Goa Act No. 14 of 1994) and the City of Panaji Corporation Act, 2002 (Act 1 of 2003). Secretariat, Porvorim-Goa. Dated: 26-06-2009. V. P. SHETYE, Secretary to the Government of Goa, Law Department (Legal Affairs).