Disqualification for 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 Director. (1) This procedure shall apply to all categories stipulated under clause 4 above except for plots created and earmarked for Special Projects specified under sub-clause (a) (ii) (B) of the said clause: (a) In order to make allotment of the plots under Clause 4 sub-clause (a) (i) & (ii) (A), advertisement will be released in at least 3 local news papers (one each in Konkani, Marathi and English language), be put up on the notice boards of Corporation’s head office and all the existing industrial estates, copy be made available to Goa Chambers of Commerce and Industry (GCCI), Goa branch of Confederation of Indian Industry (CII), Goa State Industries Association (GSIA) and be put on the official website of the Corporation. (b) The procedure for allotment of land/plots to Special Projects specified under Clause 4 sub-clause (a) (ii) (B) shall be as per the provisions of the statute enacting the Investment Promotion Board as and when the same comes into force. Pending the formation of the Investment Promotion Board, the Corporation shall issue advertisement as proposed above inviting applications from the interested parties, short list the same through the Scrutiny Committee constituted by the Government for the purpose and propose the same to the Government. (2) Application for allotment.— (a) Application for allotment of land in the Industrial Estate/Area shall be made in the prescribed format to the Managing Director within the time specified in the advertisement which shall not be less than 7 (seven) working days. The applicant shall furnish an interest free Security Deposit of Rs. 20/- (Rupees twenty only) per sq. mts. (refundable and non-interest bearing) and a Processing fee of Rs. 5/- (Rupees five only) per sq. mts. or Rs. 15,000/- (Rupees fifteen thousand only) whichever is higher (non-refundable) by means of Demand Draft or Pay Order drawn in favour of the Goa Industrial Development Corporation, payable at Panaji. The applicant should also enclose the following self-attested documents (wherever applicable) along with the application form. (i) Photocopy of the identity proof such as voters identity card, driving license, passport of the applicant in case of individual proprietorship. (ii) PAN Card/Income Tax returns filed by the assessee/assessees for the last three financial years. (I.T. Returns only if applicable). (iii) Copy of the Certificate of Registration of Firm and Partnership Deed. (As applicable). (iv) Copy of Certificate of Incorporation and Memorandum and Articles of Association in case of Limited Companies and a copy of resolution authorizing the applicant to apply on behalf of the company (As applicable). (v) In the case of Co-operative Societies/Societies registered under the Societies Registration Act, 1860, the copy of proof of registration. (vi) Detailed Project Report for the project with the application in the format, as prescribed by the Corporation. (vii) Copies of the following Certificates should be enclosed: *Entrepreneurs Memorandum/SSI Registration Certificate issued by the Director of Industries, Trade and Commerce, Government of Goa. *Proof of financial strength/support certified by a Chartered Accountant or Bank/financial institution, as the case may be. *Technical Education/Qualification of the Entrepreneurs/Promoters. (viii) Approval from the High Powered Co-ordination Committee or the Investment Promotion Board. (As applicable). (ix) Birth Certificate and/or Residence Certificate in case of applicants who wish to avail the benefits of scores of the priority ranking. (x) Residence Certificate/Voters ID to support claim under clause 5 (4) (d) (i) A (a) (b) and (c). (xi) A letter by the applicant or its authorized personnel confirming the non-applicability of any of the documents listed (i) to (x) above in his/her or its case. (b) Any applications received after the last day as mentioned in the advertisement shall not be considered for the advertised vacancy. (c) Separate application for each industrial unit and for expansion of the existing industrial unit shall be submitted. (d) The application duly filled in along with enclosures and the prescribed Security Deposit and Processing Fee must be submitted in the Corporations’ Head office at Panaji. (3) Registration of Application.— (a) The Corporation shall record all the applications received, in the Application Register maintained for the purpose and issue in writing registration number to each application. (b) All the applications received shall be Scrutinized in accordance with the check list by a Scrutiny Committee constituted for that purpose by the Managing Director. The said Scrutiny Committee will categorize the applications into complete applications and incomplete applications. Applicants with incomplete applications will be notified and granted a period of 7 working days to submit all the listed documents as applicable. However applications which are not accompanied by the Project Report and/or proof of financial strength and/or the prescribed Security Deposit and/or Processing Fee shall be (3) ... rejected outright. After the expiry of the specified period of 7 working days granted for the incomplete applications, the Scrutiny Committee shall submit all the completed applications along with check list and the documents to the Screening Committee for further processing. (c) The Corporation shall publish the details of the applications received and the registration number on the official website of the Corporation and also on the notice board of the Corporation within a period of 3 working days from the last day specified for receipt of the application. (4) Screening Committee.— (a) The following Committee shall be constituted for screening the applications and the quorum shall be of four members present with at least one of the members present being among the two specified under (v) and (vi):— (i) Any one Director nominated by the Board. (ii) Chief General Manager of the Corporation. (iii) Chief Accounts Officer of the Corporation. (iv) General Manager (Engineering) of the Corporation. (v) Nominee Goa State Industries Association. (vi) 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. (b) The Screening Committee shall screen the completed applications received from the Scrutiny Committee with an objective to establish the genuineness of the applicant, the viability of the project, employment and revenue generation to the State. For this assessment the committee may form a set of guidelines and may take assistance of any expert in the field. The Committee will be free to interview any or all applicants for this purpose. The guidelines will be recorded in writing and will form part of the minutes. The said guidelines shall be subject to modification as and when necessary, in case of difficulties, but within the permissible parameters of these regulations. (c) As far as possible the Screening Committee shall make attempts to accommodate all the applicants whose credentials and viability is established as above. For this purpose the committee may reduce the area applied for by the applicant by mutual discussion and consent. In case the final number of applicants is higher than the available plots the committee shall proceed as follows:— (i) Special priority for existing unit having contiguous boundary to the plot/s available for allotment.— Special priority will be given to those applicants who have an existing unit whose plot boundary is contiguous to any of the plot advertised. Such applications will score first among all applicants and shall be offered preferential allotment before considering any of the other applications. In case there are two or more applications from the industries having boundary contiguous with the plot advertised, selection shall be done either by dividing areas with mutual consent or by draw of lots in case of disagreement. (d) Priority Ranking.— (i) After those eligible under sub-clause (4) (c) (i) above, the remaining applications will be ranked for priority allotments based on a priority score card as defined and stipulated below:— PRIORITY MARKS A For “local person/s”: [an applicant can score marks only under one of the below mentioned categories (a), (b) and (c)] (a) A local person/s residing in the Village Panchayat in which the Industrial Estate is located. 30 (b) A local person/s residing in the Taluka in which the Industrial Estate is located. 15 (c) Other local person/s. 10 B Expansion/diversification of the existing unit: [an applicant can score marks only under one of the below mentioned categories (a) and (b)] (a) Within the State. 40 (b) Within the Industrial Estate. 50 C A person/s whose land and/or the land belonging to his/her relative have been acquired by the Government for the Corporation or acquired by the Corporation. [an applicant can score marks only under one of the below mentioned categories (a), (b) and (c)]: (a) Area of land acquired is less than the area applied for by the applicant. 10 (b) Area of land acquired is more than the area applied but less than or equal to 3 times the area applied for by the applicant. 20 (c) Area of land acquired is more than 3 times the area applied for by the applicant. 30 *If the applicant is a partnership firm or a limited liability partnership or a limited company which is claiming a priority under A or C above, it would be mandatory that the person/s whose is a “local person/s” or a person/s whose land and/or the land belonging to his/her/their relative has been acquired, should have at least 51% cumulative ownership of the such a firm or a company as the case may be. *Under category C, priority allotment can be availed by an applicant only once on the basis of NOC from the other co-owners and in an event of any dispute the decision of the Board of Directors of the Corporation shall be final and binding. Each application will be evaluated as per the above score card and ranked for priority with the applicants having higher score being ranked for higher priority for allotment. (ii) In case of a tie between two or more applicants by way of same priority score wherein the number of such priority applicants exceeds the plots available, the selection will be done by way of draw of lots amongst such tied applicants. (iii) After completing the priority selection as above, all the balance applicants will be ranked equally and plots allotted to them based on availability. Should this available applicants exceed the plots available selection shall be done by draw of lots. (iv) The Screening Committee may recommend to the Corporation modification and sub-division/amalgamation of plots for increase or decrease of their respective areas with the objective of accommodating maximum number of applicants. (v) The Screening Committee after completing the selection process shall draw minutes and a list of selected applicants in line with the above guidelines with corresponding plot numbers and forward the same to the Managing Director for concluding the process of allotment. (5) Offer of allotment and allotment order.— (a) Based on the acceptance of the recommendation of the Screening Committee by the Managing Director of the Corporation, the applicant shall be first issued an offer of allotment giving thirty days time period for effecting payment towards the lease premium, rent and other fees prescribed from time to time. Subject to the applicant making the said payment within the stipulated time the Managing Director of the Corporation shall issue a letter of allotment to such applicants. (b) The Managing Director shall exercise his authority for issue of offer of allotment and allotment order subject to the following limitation: (i) For plots of more than 1,200 sq. mts. and galas of more than 100 sq. mts. prior approval of the Board of the Corporation shall be taken. (c) All allotment orders shall be issued with a draft lease deed and the allottee shall also be notified of the value of non-judicial stamp paper on which the lease deed to be executed. (6) Physical possession.— A time period of 90 days will be stipulated in the allotment order for the successful allottee to take physical possession of the plot. If the allottee fails to take the possession within the stipulated period, the allotment order issued by the Corporation shall stand terminated/cancelled. In such an instance the security deposit paid by the allottee shall stand forfeited and the balance amount shall be paid to the allottee without any interest. (7) Execution of Lease Deed.— (a) The allottee shall execute the lease deed with the Corporation within a period of 180 (one hundred eighty) days from date of taking over possession of the plot. Should the allottee fail to execute the lease deed within the stipulated time frame, the allotment order shall stand automatically terminated/cancelled. In such an instance the amount equal to the security deposit paid by the allottee shall stand forfeited and the balance amount shall be paid to the allottee without any interest. This condition will not apply in instances of procedural delay caused on the part of the Corporation and in such an instance the period of 180 days will be extended for a period equivalent to the delay so caused, with the approval of the Board of the Corporation. In the event of any dispute or applicability or otherwise of this clause, the decision of the Board of Directors of the Corporation shall be final and binding. (i) Upon receipt of an application in the prescribed form alongwith 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 the permission 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 transfers prohibited under clause 6 (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 alongwith 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.