The Goa Human Resource Development Act, 2012
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3. Establishment and incorporation.
Establishment and Constitution of the Corporation
(1)For the purpose of providing trained personnel for all types of services like housekeeping, security, maintenance and operations, gardening, etc., to various Government bodies, private firms, individuals, 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 Human Resource Development Corporation.
- (2) The said Corporation shall be a body corporate with 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.
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4. Constitution.
- (1) The Corporation shall consist of the following ten directors, that is to say:—
- (a) Secretary/Special Secretary to the Government of Goa, Department of Personnel.
- (b) Additional Secretary/Joint Secretary to the Government of Goa, Department of Personnel.
- (c) Additional Secretary/Joint Secretary to the Government of Goa, Department of Finance.
- (d) Commissioner, Labour and Employment or Deputy Labour Commissioner, as may be decided by the Government.
- (e) Director of Health Services.
- (f) Four persons having shown capacity in human resource development to be nominated by the Government.
- (g) The Managing Director of the Corporation, shall be the Chief Executive Officer of the Corporation and shall also be the ex officio Secretary to the Corporation.
- (2) The Government shall appoint one of the directors of the Corporation to be the Chairman of the Corporation and another to be the Vice-Chairman.
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5. Disqualification for being director.
A person shall be disqualified for being nominated as a director of the Corporation, if he,—
- (a) is an employee of the Corporation, not being the Managing Director; or
- (b) is of unsound mind, and stands so declared, by a competent court; or
- (c) is an undischarged insolvent; or
- (d) is convicted of an offence involving moral turpitude within a period of five years
immediately before his being nominated as a director.
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6. Term of office and conditions of service of directors.
- (1) The Chairman, Vice- Chairman and directors of the Corporation nominated under clause (f) of sub-section (1) of
- (2) The directors of the Corporation nominated under clause (f) 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 for 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) It is hereby declared that the office of director or Chairman or Vice-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, a member of the Legislative Assembly of Goa.
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7. Meetings of Corporation.
- (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 its business as may be provided by regulations made under this Act.
- (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, and shall not be present for any meeting of the Corporation when any such contract, loan, arrangement or proposal is discussed.
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8. Cessation of being Director.
- (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) 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 its 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 director. Provided that, a director shall not be suspended or removed from office unless he has been given a reasonable opportunity to show cause against the order.
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9. Vacancies how to be filled.
Any vacancy of a director of the Corporation shall be filled as early as practicable, in 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.
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10. Temporary absence of directors.
- (1) If the Chairman or Vice-Chairman or any other
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 to his duties in circumstances not involving the cessation of his directorship, the State 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.
- (2) In the absence of the Chairman, the Vice-Chairman shall preside over the meetings of the Corporation and in the absence of both Chairman and Vice-Chairman, the directors present shall choose amongst them the Presiding Officer to preside over the meetings of the corporation.
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11. Proceeding presumed to be good and valid.
No disqualification of, or defect in the appointment of any person acting as the Chairman, Vice-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.
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12. Officers and servants of the Corporation.
- (1) The Government shall appoint a
Managing Director of the Corporation and a Chief Accounts Officer of the Corporation.
- (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 performance of its duties and functions.
- (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 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.
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