Chapter II Chapter II

(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 regulation 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 when any such contract, loan, arrangement or proposal is discussed. Any land required by the Corporation for carrying out any of its functions shall be deemed to be needed for a public purpose and may be acquired under the provisions of the Land Acquisition Act, 1894 or any other law for the time being in force. (1) Allotment of plots for purposes other than for Industrial Undertaking, and/or to the Government of India or Government of Goa or organizations managed and/or controlled by them and/or those allotments done as per the directions of the Government under section 16 of the Goa Industrial Development Act, 1965, from time to time, shall be done through auction process wherein plots would be allotted on lease basis to the highest bidder. (2) The base price for auction of the plot on lease basis shall be twice the rate per sq. mts. fixed by the Corporation in the respective Industrial Estate/Area from time to time. (i) Permissible transfer entailing Nil transfer fees:— (a) All transfers covered under Schedule IA and Schedule II; (b) All transfers wherein the original plot or land was allotted under the auction process of the Corporation. (ii) Permissible transfer entailing a non-refundable transfer fee.— (a) All cases listed under Schedule III. (b) All transfer within the same category and/or all transfers amongst the categories (1), (2), (3), (4) and (5) listed below in the ascending order:— (1) Industrial Undertaking; (2) Institutions; (3) Service Industry; (4) Utilities; (5) Commercial activity. (iii) Any case which does not fall under the category of prohibited or permissible transfers as per these regulations shall be placed before the Board for a decision and the decision of the Board with approval of the Government shall be final and binding. (iv) Processing fees prescribed under clause 21 would be applicable in the cases covered under clause 7 (i), (ii) & (iii) above.

(1) If a director— (a) becomes, subject to any of the disqualifications mentioned in section 5, or (b) tender his resignation in writing to, and such resignation is accepted by, the State 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 State 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 is otherwise unfit to continue as a director: (d) is otherwise unfir to continue as a member: Provided that, a director shall not be suspended or removed from unless he has been given reasonable opportunity to show cause against the order. The allotment done by the Corporation shall be generally in consonance with the Investment Policy of the State of Goa and norms prescribed under the environmental guidelines issued by the Government from time to time. Accordingly allotment in Industrial Estates will be restricted to Industries in the Green and Orange categories only. Further, no new allotment for liquor manufacturing industry or tobacco product industry will be allowed in the Industrial Estates of the Corporation. (i) In the event an allottee hands over the physical possession of the land/plot to a third party, it will be deemed to be an unauthorized transfer which shall not be recognized for any purpose, and the Corporation shall levy a penalty equal to 10% per year or part thereof, of the prevailing premium rate per sq. mts. for the plot area from the date of such unauthorized transfer, for having violated these regulations in addition to the applicable transfer fees. Should the allottee fail to regularize the unauthorized transfer 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) All cases wherein the allottees have entered into agreements/Memorandum of understanding to transfer their lease hold rights over the allotted plot prior to the notification of these regulations shall be also processed in accordance with these regulations;— Provided that such allottees approach the Corporation with necessary documentation for processing their cases within a period of one year from the date of these regulations coming into force. After expiry of the specified one year period, all such cases shall be deemed to be unauthorized transfers which will attract penalty as prescribed under sub-clause (i). (iii) Penalty to be charged under clause 8 (i) & (ii) shall not exceed an amount equal to 100% of the prevailing rate per sq. mts.

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 director may act as if no vacancy had occurred. (a) an allottee is expected to complete the project and go into commercial operations within a period of 3 years from the date of taking over possession and except those allotments by auction by the Corporation covered under Clause 7 above, shall be given incentive as under: (i) The allottee shall be entitled for refund of the 20% of the amount paid by him to the Corporation towards the premium of the land in the event the allottee completes the project and goes into commercial operation within two years. Any transfer on account of auction by the financial institutions pursuant to the issue of letter under clause 20 (b), shall be only for use under a category permitted by the Corporation and the fees prescribed under sub-clause 6 of Schedule III would be applicable.

(1) If the 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 State Government, or is otherwise unable to attend his duties in circumstance 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 Chairman, the directors present shall choose the Presiding Officer to preside over the meeting. The allottee within a period of 3 years from the date of these regulations coming in to force or within a period of 5 years from the date of taking over possession whichever is later, shall compulsorily utilize to the extent of at least 30% of FAR of the land/plot area allotted, for construction of factory or other building. In case of the failure on part of the allottee to utilize the minimum prescribed area for built-up, the Corporation shall levy 50% additional lease rental on the permissible but unutilized area of the said plot. However, any relaxation, indulgence granted by the Board of Directors of the Corporation in deserving cases should not be treated as waiver on behalf of the Corporation and will not prejudice or effect its rights to initiate action against the defaulting allottees. In case of the failure of the allottee to comply with the above plot utilization norms, the Corporation will have the right to repossess the unutilized portion of the land without any compensation to the allottee, subject to guidelines approved by Board from time to time. (i) Upon receipt of an application in the prescribed form along with all the mandatory documents as specified under Schedule IV, the Corporation shall communicate the deficiency if any within a period of 21 working days or if the application is complete in all respects take a decision in respect of the permission referred to under clause 4 above and communicate by certificate of posting or registered A/D within a period of 45 working days failing which it shall be deemed to be granted. However, party shall be bound to pay all necessary fees and charges to the Corporation as per the prevailing rates and these regulations. The date of the dispatch of the letter shall be the date of the communication. The application would be treated as complete in all respects only after all the documents listed under Schedule IV are submitted by the applicant. The deeming provision shall not apply to the sub-leases prohibited under clause 11 (i). (ii) All the applications received shall be verified by a Scrutiny Committee constituted for that purpose by the Managing Director to ensure that the applications are complete in all respect and each application shall be processed and placed before the Screening Committee along with a duly filled up check list. (iii) The following Screening Committee shall be constituted for screening the applications and the quorum shall be of four members present with atleast one of the members present being among the two specified under (e) and (f):— (a) Any one Director nominated by the Board. (b) Chief General Manager of the Corporation. (c) Chief Accounts Officer of the Corporation. (d) General Manager (Engineering) of the Corporation. (e) Nominee of Goa State Industries Association. (f) Nominee of Goa Chambers of Commerce and Industry. The meetings of the Screening Committee shall be chaired by the Director nominated by the Board and the Chief General Manager of the Corporation shall be the member convener. (iv) The Screening Committee shall scrutinize the applications and the project report furnished by the applicants on the basis of these regulations and submit its recommendations to the Managing Director of the Corporation who shall decide upon the said applications.

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. any applicant affected by the decision of the Corporation in the matter of allotment of plot or its refusal, shall approach the Grievance Redressal Authority appointed by the Board of Directors of the Corporation. In an event the Grievance Redressal Authority is satisfied that the grievance is genuine, he may recommend a remedial measure to the Board of the Corporation for a final decision. The decision of the Board of the Corporation shall be final and binding. Pending such appointment, the Managing Director of the Corporation shall be the Grievance Redressal Authority. (i) Prohibited sub-leases.— (a) Sub-lease of plot/land. (b) Sub-leases which result in change in use of the plot in the descending order of the categories listed under (1), (2), (3), (4) and (5) below:— (1) Industrial Undertaking; (2) Institutions; (3) Service Industry; (4) Utilities; (5) Commercial activity. (c) Sub-lease of building without occupancy certificate issued by the Corporation. (d) Sub-lease from any of the categories (1), (2), (3), (4), (5) listed above to a new liquor or tobacco manufacturing products. (ii) Exceptions to the prohibited leases: (a) Sub-leases for categories listed under Schedule–IB. (b) Sub-lease of an existing liquor industry or tobacco industry to another liquor industry or tobacco industry. (iii) Action in the event the possession is handed over in categories covered under prohibited sub-leases.— In an event the allottee hands over the possession of the plot to a third party under the category of prohibited sub-leases specified under clause 11 (i) above, the Corporation shall summarily re-enter upon and resume the possession of the plot.

(1) The State Government shall appoint a Managing Director 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 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. The Board of Directors of the Corporation reserves its right to revise the Payment, Fees, Charges, Taxes, Deposits etc. as stipulated and the allottee shall be bound to pay the Payment, Fees, Charges, Taxes, Deposits etc. on demand by the Corporation. (i) Permissible sub-leases with Nil sub-lease fees:— (a) All sub-leases listed under Schedule I-B. (b) All sub-leases wherein the original plot was allotted under an auction process of the Corporation. (c) All sub-leases to and amongst the institutions and entities owned and/or controlled by Government of India/Government of Goa. (ii) Non-refundable one time processing fee of Rs. 5 per sq. mts. of the plot area shall be payable by the allottee in respect of the permissible sub-leases under clause 12 (i) above. This fee shall apply at each instance of a new sub-lease being sought to be created by the allottee. (iii) Permissible sub-leases entailing sub-lease fees: All sub-leases within the same category and/or all sub-leases involving change in use amongst the categories (1), (2), (3), (4) and (5) listed below in the ascending order:— (1) Industrial Undertaking; (2) Institutions;