Chapter III Chapter III

The functions of the Corporation shall be — (i) Generally to promote and assist in the rapid and orderly establishment, growth and development of industries in the State of Goa. (ii) In particular, and without prejudice to the generality of clause (i) to— (a) establish and manage industrial estates at places selected by the State Government; (b) develop industrial areas selected by the State Government for the purpose and make them available for undertakings to establish themselves; (c) undertake mining and infrastructure for mining development and such other related activities within India subject to provision of law; (d) Undertake schemes or works either jointly or on agency basis with other corporate bodies or institutions, or with Government in furtherance of the purposes for which the Corporation is established and all matter connected therewith. (a) The Goa Industrial Development Corporation Allotment Regulations, 2012, is hereby repealed. (b) The repeal of the Goa Industrial Development Corporation Allotment Regulations, 2012 under sub-clause (a) shall not— (i) Revive anything not in force or existing at the time at which the repeal takes effect, or; (ii) Affect the previous operation of the repealed regulations or anything duly done or suffered there under, or; (iii) Affect any right, privilege, obligation or liability acquired, accrued or incurred under the repealed regulations, or; (iv) Affect any fees, interest, penalty as are due or may become due or any forfeiture or violation committed under the provisions of the repealed regulations. (c) Notwithstanding any thing contained herein, these regulation shall not affect the mutually agreed terms and conditions of the lease deed and other documents executed in between the Corporation and the allottee prior to these regulation coming into force and the same shall be effective and binding. Sub-lease permitted under these regulations and approved by the Corporation will entail the following fees:— (i) For all sub-leases given after starting of commercial operations by the allottee:- 6% of the prevailing premium rate per sq. mts. per year, calculated on the total plot area allotted upto a sub-leasing period of 10 years. (ii) For all sub-leases given prior to starting of commercial operations by the allottee:- 8% of the prevailing premium rate per sq. mts. per year, calculated on the total plot area allotted upto a sub-leasing period of 10 years. (iii) For any sub-leases beyond the period of 10 years upto a maximum of 15 years:- 10% of the prevailing premium rate per sq. mts. per year, calculated on the total plot area allotted. Provided however that any extension of sub-lease beyond the period of 10 years upto a maximum of 15 years shall be permitted only with the prior approval of the Chairman of the Board. (iv) For any sub-leases beyond the period of 15 years shall be decided by the Board on case to case basis considering the merits of each case and entail fees equal to 10% of the prevailing premium rate per sq. mts. per year, calculated on the total plot area allotted. (v) The total sub-lease period, during the tenure of the original or extended lease period granted by the Corporation to an allottee or subsequent allottees created by transfer of lease hold rights, shall not exceed 15 years without prior approval of the Board. However, in case of small scale and micro industries where the unit has been into commercial operations for more than 10 years, the Corporation may permit sub-lease for the remainder period of the lease granted and the extended period thereon subject that the allotted plot area does not exceed 1200 sq. mts. sub-lease fees for such extended period shall be 10% of the prevailing premium rate per sq. mts. per year, calculated on the total plot area allotted.

Subject to the provisions of this Act, the Corporation shall have power— (a) to acquire and hold such property, both movable and immovable as the Corporation may deem necessary for the performance of any of its activities, and to lease, sell, exchange or otherwise transfer any property held by it on such conditions as may be deemed proper by the Corporation; (b) to purchase by agreement or to take on lease or under any form of tenancy any land, to erect such buildings and to execute such other works as may be necessary for the purpose of carrying out its duties and functions; (c) to provide or cause to be provided amenities and common facilities in industrial estates and industrial areas and construct and maintain or cause to be maintained works and buildings therefor; (d) to make available buildings on hire or sale to industrialists or persons intending to start industrial undertakings; (e) to construct buildings for the housing of the employees; (f) (i) to allot factory sheds or such buildings or parts of buildings, including residential tenements to suitable persons in the industrial estates established or developed by the Corporation; (ii) to modify or rescind such allotments, including the right and power to evict the allottees concerned on breach of any of the terms or conditions of their allotment; (g) to constitute advisory committee to advise the Corporation; (h) to engage suitable consultants or persons having special knowledge or skill to assist the Corporation in the performance of its functions; (i) subject to the previous permission of the State Government, to delegate any of its powers generally or specially to any its committees or officers, and to permit them to re-delegate specific powers to their subordinates; (j) to enter into and perform all such contracts as it may consider necessary or expedient for carrying out any of its functions; and (k) to do such other things and perform such acts as it may think necessary or expedient for the proper conduct of its functions and the carrying into effect the purposes of this Act. The Corporation reserves the right of utilizing vacant portions of the allotted land at any time for laying pipe lines, cables, underground drainage or drawing overhead electric lines without paying any compensation other than rectifying the damage caused due to such activity to the allottee for such use. (i) In the event allottee sub-leases or hands over the physical possession of the land/plot to a third party, it will be deemed to be an unauthorized sub-lease which shall not be recognized for any purpose, and the Corporation shall levy a penalty equal to 20% per year or part thereof of the prevailing sub-lease fees, calculated from the date of such unauthorized sub-lease, for having violated these regulations in addition to the applicable sub-lease fees. Should the allottee fail to regularize the unauthorized sub-lease by payment of fees and penalty within a notice period of 30 days, the Corporation shall re-enter upon and resume the possession of the plot. (ii) Any cases of unauthorized sub-lease prior to the Notification of these regulations shall be placed before the Board of the Corporation for a decision and in case the Board decides to regularize or approve such sub-lease, the same shall be subject to the allottee paying a penalty fee amount equal to 20% per year or part thereof of the prevailing sub-lease fees, calculated from the date of such unauthorized sub-lease, for having violated the terms and condition of the lease in addition to the applicable sub-lease fees. The Board shall not be authorized to approve/regularize any cases which fall under the category of prohibited sub-leases specified under clause 11 (i). However based on the merits, the Board may decide to refer any such case to the Government for a decision: Provided that the total penalty to be charged under clause 14 (i) & (ii) above shall not exceed an amount equal to 3 times the prevailing sub-lease fees, calculated on the basis of annual sub-lease fees.

All permissions, orders, decisions, notices and other documents of the Corporation shall be authenticated by the signature of the Managing Director of the Corporation or any other Officer authorised by the Corporation in this behalf. Should a decision on any allotment done previously is pending due to lack of clarity in the regulations existing prior to these regulations coming into force, the Board of the Corporation shall decide upon such cases as per the provisions of these regulations provided that the case being decided is not under any litigation or proceeding before any Court of Law. Following surrender charges shall be deducted by the Corporation in the event an allottee intend to surrender his land/plot allotted to him: (i) 1% of the prevailing total premium amount of the plot. (ii) In addition to the surrender charges specified under clause 15 (i), the amounts paid by the allottee towards the lease rent, interest on premium, penal interest, processing fees, service tax to the Corporation, shall stand forfeited. (iii) Any amount pending towards dues on account of lease rent, penal interest, interest on premium, processing fees, service tax or any other dues shall be recovered from the premium amount and any shortfall after adjusting the premium amount shall be recovered as land revenue arrears.

The State Government may issue to the Corporation such general or special directions as to 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. The allotments done by the Corporation shall be made in terms and in consonance with the General Policy of the Government including the Policy on Environmental issues and siting guidelines. (i) Any allottee which undergoes change in name of the allottee entity without changing the constitution or its shareholding structure of the allottee entity shall apply to the Corporation with a request to register the change in name in the records of the Corporation. The application should be accompanied with the following documents:— (a) Certificate issued by the Registrar of Companies in case of Limited liability Companies, or Certificate issued by the Registrar of Firms in case of Partnerships or an affidavit in case of a proprietor. (b) PAN Card of the allottee entity with the change in name. (c) EM Part I or EM Part II as applicable with the change in name. (d) Certificate issued by the Pollution Control Board. (e) NOC from the financial institution in case permission is granted by the Corporation to the allottee to mortgage the lease hold rights. (f) Copy of the latest partnership deed/shareholding structure certificate from a Company Secretary and the latest Memorandum and articles of association of the Company. (g) Any other documents as required by the Corporation. (ii) On scrutiny of the above documents and payment of the processing fees prescribed under clause 21, the Corporation will confirm in writing having changed the name of the allottee entity in its records. (iii) Any allottee intending to change the trade/use or add a product to be manufactured shall submit an application along with the project report, Certificate or EM Part I/II with necessary amendments as issued by the Director of Industries, Trade and Commerce, to the Corporation. (iv) On scrutiny of the above documents and payment of the processing fees prescribed under clause 21, the Corporation may grant its permission to the allottee for change in use or trade or for the addition of product to be manufactured. Provided change in use/trade amongst the categories (1), (2), (3), (4) and (5) listed below would be permitted only in the ascending order:— (1) Industrial Undertaking; (2) Institutions; (3) Service Industry; (4) Utilities; (5) Commercial activity.