The Goa Human Resource Development Act, 2012
Chapter V Chapter V
Chapter V Chapter V
26. Furnishing of returns etc.
Supplementary and Miscellaneous Provisions
- (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) The Corporation shall, in addition to the audit report referred to in section 24, furnish to the Government an annual report on its working as soon as may be after the end of each financial year in such form and 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.
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27. Recovery of sums due to the Corporation as arrears of land revenue.
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.
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28. Default in performance of duty.
- (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) If, in the opinion of the Government, the Corporation fails or neglects to perform such duty or obligation within the period so fixed for its performance, it shall be lawful for the
Government to supersede and reconstitute the Corporation, as it deems fit.
- (3) After the supersession of the Corporation and until it is re-constituted 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.
- (4) All properties vested in the Corporation shall, during the period of supersession, vest in the Government.
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29. 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 realizable by, the Corporation shall vest in, or be realizable by, the Government;
- (b) all liabilities which are enforceable against the Corporation shall be enforceable against the Government.
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30. Power to make rules.
- (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
they are made.
- (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 honorarium and compensatory allowance of the directors of the Corporation;
- (b) under section 12, the conditions of appointment and service and the scales of pay of
the Managing Director and the 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 conditions subject to which the Corporation may borrow;
- (e) under section 23, the date by which the annual financial statement and programme of
- (f) under section 24, the form and manner of maintaining accounts;
- (g) under section 26, 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 rules.
- (3) All rules made under this section 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 Legislative Assembly may make during the session in which they are so laid, or the session immediately following.
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31. Power to make regulations.
- (1) The Corporation may, with the previous approval of the Government, make regulations consistent with this Act and the rules made there under 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(1), the time and place of meetings 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(3), the officers of the Corporation who may operate it’s accounts;
- (d) any other matter which has to be, or may be, provided by regulations.
- (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 Legislative Assembly may make during the session in which they are so laid, or the session immediately following.
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32. Protection of action taken in good faith.
No suit, prosecution or other legal
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33. Notice of suit and limitation of suits against the Corporation, Committees, 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 the execution or intended 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
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.
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34. Directors, officers and staff of Corporation to be public servants.
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 (45 of 1860).
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35. Power to remove doubts and difficulties.
- (1) If any doubt or difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Official
Gazette, make provisions 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 the doubt or difficulty: Provided that no order shall be made under this section after the expiry of two years from the date of commencement of this Act.
- (2) Every order made under this section shall, as soon as may be after it is made, be laid before the Legislative Assembly. Secretariat, Porvorim-Goa. Dated: 30-8-2012. PRAMOD V. KAMAT Secretary to the Govt. of Goa, Law Department (Legal Affairs).
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