Chapter II Chapter II

Establishment and Constitution of the Corporation

1. (1) For the purpose of securing and assisting in the rapid and orderly establishment and organisation of establishments for health services for the purpose of implementing the Universal Mediclaim Scheme and health estates/medical tourism/health city etc., in the State of Goa there shall be established by the Government by Notification in the Official Gazette, a Corporation by the name the Goa Health Services Development Corporation.
2. (2) The said Corporation shall be a body corporate with perpetual succession and a common seal, and may sue and be sued in it’s 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.

1. (1) The Corporation shall consist of the following twelve Directors that is to say:—
   • (a) Minister in charge of the Public Health Department;
   • (b) Secretary to the Government in the Health Department;
   • (c) Joint Secretary to the Government in Health Department;
   • (d) Joint Secretary to the Government in Finance (Expenditure) Department;
   • (e) Director of Health Services in the Directorate of Health Services, Goa;
   • (f) An Eminent Chartered Accountant with atleast 10 years experience to be nominated by the Government;
   • (g) Nominee of the Goa Chamber of Commerce and Industry;
   • (h) A person having expertise in the field of health services to be nominated by the Government;
     • (i) A person with 5 years of experience in administration/financial services/medical insurance having MBA to be nominated by the Government;
   • (j) Two persons to be nominated by the Government;
   • (k) The Managing Director of the Corporation, who shall be the Chief Executive of the Corporation, shall also be the ex officio Secretary to the Corporation;
2. (2) The Minister in charge of Public Health Department, Government of Goa shall be the Chairperson of the Corporation.

A person shall be disqualified for being nominated as a Director of the Corporation, if he—

1. (a) is an employee of the Corporation, not being the Managing Director; or
2. (b) is of unsound mind, and stands so declared, by a competent Court; or
3. (c) is an undischarged insolvent; or
4. (d) is convicted of an offence involving moral turpitude within a period of five years immediately before his being nominated as a Director.

1. (1) The Directors of the Corporation nominated under clauses (h), (i) and (j) of sub-section (1) of section 4, shall hold office for a period of 3 years from the date of their nomination unless their term of office is terminated earlier by the Government.
2. (2) The Director of the Corporation nominated under clauses (g), (h), (i) and (j) of sub-section (1) of section 4 shall be entitled to draw such honorarium or compensatory allowance for the purpose of meeting the personal expenditure in attending the meeting of the Corporation or of any Committee thereof or when appointed in connection with the work undertaken by or for the Corporation, as may be prescribed.
3. (3) It is hereby declared that the office of Director or Chairman of the Corporation, in so far as it is an office of profit under the Government of India, or the Government of any State, or the Government of any Union Territory shall not disqualify the holder for being chosen as, and for being member of the Legislative Assembly of Goa.

1. (1) The Corporation shall meet at such times and places, and shall subject to the provisions of sub-section (2) observe such rules of procedure in regard to the transaction of it’s business as may be provided by regulation made under this Act.
2. (2) A Director, who is directly or indirectly concerned or interested in any contract, loan, arrangement or proposal entered into or proposed to be entered into by or on behalf of the Corporation shall, at the earliest, possible opportunity, disclose the nature of his interest to the Corporation when any such contract, loan, arrangement or proposal is discussed.

1. (1) If a Director,—
   • (a) becomes subject to any of the disqualifications mentioned in section 5; or
   • (b) tenders his resignation in writing to, and such resignation is accepted by, the Government; or
   • (c) is absent without the Corporation’s permission from three consecutive meetings of the Corporation, or from all meetings of the Corporation for three consecutive months; or
   • (d) is convicted of an offence involving moral turpitude; he shall cease to be a Director of the Corporation.
2. (2) The Government may by order suspend from office for such period as it thinks fit, or remove from office any Director of the Corporation, who in it’s opinion,—
   • (a) has refused to act; or
   • (b) has become incapable of acting; or
   • (c) has so abused his position as Director as to render his continuance on the Corporation detrimental to the interest thereof or of the general public; or
   • (d) is otherwise unfit to continue as a Director: Provided that, a Director shall not be suspended or removed from his office unless he has been given a reasonable opportunity to show cause against the order.

Any vacancy of a Director of the Corporation shall be filled as early as practicable, in the like manner as if the appointment was being made originally: Provided that, during any such vacancy the continuing Directors may act as if no vacancy had occurred.

1. (1) If the Director of the Corporation is by reason of illness or otherwise rendered temporarily incapable of carrying out his duties, or is granted leave of absence by the Government, or is otherwise unable to attend his duties in circumstances not involving the cessation of his Directorship, the Government

may appoint another person to act for him and carry out his duties and functions by or under this Act. Such person shall vacate office on the date when the Director for whom he is acting resumes his duties.

1. (2) In the absence of Chairman, the Directors present shall choose the Presiding Officer to preside over the meeting.

No disqualification of, or defect in the appointment of, any person acting as the Chairman or a Director of the Corporation, shall vitiate any act or proceeding of the Corporation if such act or proceeding is otherwise in accordance with the provisions of this Act.

1. (1) The Government shall appoint a Managing Director and a Chief Accounts Officer of the Corporation.
2. (2) The Corporation may appoint, such other officers and servants, subordinate to the officers mentioned in sub-section (1), as it considers necessary for the efficient per- formance of its duties and functions.
3. (3) The conditions of appointment and service of the officers and servants of the Corporation and their scales of pay shall—
   • (a) as regards the Managing Director and the Chief Accounts Officer, be such as may be prescribed; and
   • (b) as regards the other officers and servants, be such as may be determined by regulations made under this Act.