Chapter IX Chapter IX

Supplementary and Miscellaneous Provisions

1. (1) Notwithstanding anything to the

contrary contained in any other State law for the time being in force, the Government may, by notification in the Official Gazette,—

1. (a) declare an area which is,—
   • (i) recommended by the Board; and
   • (ii) having the potential to develop adequate facilities like power, roads, water supply, etc., to be an Investment Promotion Area.
2. (b) appoint the Board or Sub-Committee or any other committee or Officer thereof

for the purpose of the assessment and recovery of any taxes when imposed as per the provisions made thereof;

1. (c) declare that the provisions of any State law relating to local authorities providing for control or erection of buildings, levy and collection of taxes, fees and other dues to the

local authority which is in force in such Investment Promotion Area shall cease to apply and thereupon such provisions shall cease to apply thereof: Provided that the Municipal Corporation, Municipalities and the Village Panchayats which were receiving house tax, other taxes or fees from the occupants in such Investment Promotion Area under their respective laws, shall be compensated by the Government to the extent of the last financial year’s collection of such house tax, other taxes or fees for such period as may be determined by the Government which shall not be less than five years;

1. (d) make other provision as is necessary for the purpose of enforcement of the provision so provided to that area.

1. (2) Before publication of a notification under sub-section (1), the Government shall cause to be published in the Official Gazette and also in at least one newspaper published

from the date of publication of the proclamation in the Official Gazette.

1. (3) No such notification under sub-section (1) shall be issued by the Government, unless the objections, if any, so submitted are in its opinion insufficient or invalid.

(1) Notwithstanding anything to the contrary contained in any other State law for the time being in force, once a notification is issued under clause

1. (a) of sub-section (1) of section 42 declaring any area to be an Investment Promotion

namely:-

1. (i) Chief Secretary — Chairperson;
2. (ii) Secretary (Industries) — Member;
3. (iii) Director, Directorate of Industries, Trade and Commerce — Member;
4. (iv) Chief Town Planner (Planning) or his nominee not below the rank of the Deputy Town Planner — Member;
5. (v) Director, Directorate of Health Services or his nominee not below the rank of the Deputy Director — Member;
6. (vi) Director of Fire and Emergency Service or his nominee not below the rank of Deputy Director — Member;
7. (vii) Chief Inspector of Factories and Boilers or his nominee not below the rank of the Inspector — Member;
8. (viii) Chief Electrical Engineer, Electricity Department or his nominee not below the rank of the Superintending Engineer —Member;
9. (ix) Principal Chief Engineer, Public Works Department or his nominee not below the rank of the Superintending Engineer — Member;
10. (x) Principal Chief Conservator of Forests — Member;
11. (xi) Member Secretary, Goa State Pollution Control Board — Member;
12. (xii) Member Secretary, Goa Coastal Zone Management Authority — Member;
13. (xiii) District Collector, North Goa — Member;
14. (xiv) District Collector, South Goa — Member;
15. (xv) Chief Executive Officer of the Board — Member Secretary, to decide and dispose of all applications for change of land use/conversion, land development and building construction under the Goa Land Revenue Code, 1968 (Act 9 of 1969), the Goa,

2008) and the rules and regulations framed thereunder (hereinafter referred to as the “said Acts”).

1. (2) The Planning, Development and Construction Committee shall discharge all the

functions of,— (i) the Collector under the Goa Land Revenue Code, 1968 (Act 9 of

1969);

1. (ii) the Chief Town Planner of the Town and Country Planning Department, in a non- planning area and the Planning and Development Authority in a planning area, under the Goa, Daman and Diu Town and Country Planning Act, 1974 (Act 21 of 1975); and
2. (iii) the Competent Authority under the Goa Land Development and Building Construction Regulations, 2010.

1. (3) The Planning, Development and Construction Committee shall have regard to the

provisions of all local laws including any regional plan, outline development plan, comprehensive development plan or other plans prepared under the relevant Act as in force.

The Government may, by notification in the Official Gazette, specify such land as it deems fit, for the purposes of investment promotion under this Act.

investment promotion under this Act, namely:-

1. (a) a khazan land and low-lying paddy field except for the purpose of activities as permissible thereon.
2. (b) sloping or non-developable slope land with the gradient of more than 25%;
3. (c) protected forest land and wildlife sanctuaries except for the purpose of activities as permissible thereon under the Wildlife Protection Act, 1972 (Central Act 53 of 1972);
4. (d) land covered under the Coastal Regulatory Zone except the project which has prior approval or clearance of Goa Coastal Zone Management Authority;
5. (e) lands earmarked as open spaces under the Goa, Daman and Diu Town and Country Planning Act, 1974 (Act 21 of 1975);
6. (f) land under dispute where any court, tribunal, or any statutory authority has passed any injunction or granted any status quo or prohibitory orders;
7. (g) Tenanted agricultural land except for agricultural activities carried out by tenant/deemed purchaser.

Notwithstanding anything contained in any State law for the time being in force, the Board may, either suo moto or on a reference from any person, officer or Competent Authority or an investor, examine any order passed by the Sub-Committee and pass appropriate orders as it deems fit and such orders shall be final and binding on the Sub-Committee and on such person, officer or the Competent Authority or an investor.

1. (1) The Government may, by a notification in the Official Gazette, dissolve the Board with effect from such date as may be specified in such notification.
2. (2) With effect from the date specified in the notification issued under sub-section (1),— (a) all properties, funds which are vested in and dues which are realisable by, the Board shall vest in, or be realisable by, as the case may be, the Government; and
   • (b) all liabilities which are enforceable against the Board shall be enforceable against the Government.

1. (1) The Board shall be responsible for the implementation of the Goa Investment Policy.
2. (2) The Board shall ensure that the goals and targets set under the Goa Investment Policy are met.

Any investor who submits false information or fails to comply with the conditions or undertaking in the Declaration given to the Board or the Sub-Committee, as the case may be, shall be liable for a penalty not less than 2% but not exceeding 10%, of the investment value specified by the investor, to be imposed by the Board. The decision of the Board in this regard shall be final and binding upon the investor.

1. (1) The Board 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 directed by the Government from time to time.
2. (2) The Board shall, in addition to the audit report referred to in section 35, furnish to

be placed before the State Legislature as soon as may be after it is received by the Government.

1. (1) If the Government is satisfied that the

performance of that duty or obligation by giving notice to the Board or the Sub- Committee, as the case may be.

1. (2) If, in the opinion of the Government, the Board or the Sub-Committee 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 dissolve and re-constitute the Board or the Sub- Committee.
2. (3) After dissolution of the Board or the Sub-Committee and until it is reconstituted, the powers, duties and functions of the Board and the Sub-Committee under this Act shall be carried on by the Government or by such officer or officers or committee of

officers as may be appointed by the Government and all properties vested in the Board shall, during such period, vest in the Government.

1. (1) The Government may, in consultation with the Board, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for,—
   • (a) sum of money out of Board’s fund to be kept in current account or in deposit account with the State Bank of India or any other Bank under sub-section (2) of section 29;
   • (b) conditions for borrowing money in the open market or otherwise under section 31;
   • (c) date for submission of an annual financial statement and the programme of work for the succeeding financial year, to the Government, under sub-section (1) of section 34;
   • (d) form and details of the annual financial statement under sub-section (2) of section 34;
   • (e) form and manner in which books of account and other books in relation to its business and transaction to be maintained under sub-section (1) of section 35;
   • (f) form of the Declaration to be submitted along with the application to the Board under sub- section (1) of section 41;
   • (g) form and details for submission of an annual report under sub-section (2) of section 50.
3. (3) Every rule made by the Government under this Act shall be laid as soon as may be

immediately following, the House agrees in making any modification in the rules or House agrees that the rules should not be made, the rules shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under such rules.

1. (1) The Board may, with the prior

thereunder, for carrying out the purposes of this Act.

1. (2) In particular and without prejudice to the generality of foregoing power, such regulations may provide for all or any of the matters, namely:—
   • (a) rules and procedure for transaction of business of the Board under sub-section (1) of section 8;
   • (b) rules and procedure for transaction of business of the Sub-Committee under sub- section (1) of section 21;
   • (c) authorizing officers of the Board to operate accounts of the Board under subsection (3) of section 29;
   • (d) conditions of appointment and service of the officers and servants of the Board and their scales of pay under subsection (3) of section 37.

No suit, prosecution or other legal

anything which is done or intended to be done in good faith in pursuance of this Act or the rules or the regulations made or orders or directions issued thereunder.

constituted under this Act to be public servants.— All the members of the Board and Sub- Committee constituted under this Act and all officers and other employees of the Board or the Sub-Committee when acting or purporting to be acting in pursuance of any provisions of this Act or the rules and regulations made or orders or directions issued thereunder shall be deemed to be public servants within the meaning of section 21 of the Indian Penal

Code, 1860 (45 of 1860).

No Court shall entertain any suit, application or other proceeding in respect of anything done, action taken, or order or direction issued by the Government or the Board or the Sub-Committee or any officer in pursuance of any power conferred by or in relation to their functions under this Act.

The Government may, by notification in the Official Gazette, delegate, such of its powers and functions under this Act, as it may deem necessary and expedient, except the power to make rules under section 52, to any officer of the Board subject to such conditions and limitations as may be specified in such notification.

1. (1) Every Competent Authority,

inspection and examination such records, maps, plans and other documents as may be necessary for the discharge of its functions.

1. (2) Inspection for grant of any permission in respect of the project under the relevant

State law or the rules made thereunder shall be conducted jointly by the Board and the concerned Authority.

1. (3) Inspection in respect of complaints may be conducted under the authorization of the respective Head of the Department.
2. (4) Any surprise inspections may be conducted with specific permission of the concerned Head of the Department.

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other State law.

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of the period of three years from the date of commencement of this Act.
2. (2) Every order made under this section shall, as soon as may be after it is made, be laid before the State Legislature.

The Goa Investment Promotion Act, 2014 (Goa Act 13 of 2014) is hereby repealed: Provided that such repeal shall not, — (a) revive anything not in force or existing at the time at which the repeal takes effect; or

1. (b) affect the previous operation of the repealed Act or anything duly done or suffered thereunder; or
2. (c) affect any previous approval, decision etc., under the repealed Act; or
3. (d) affect any right, privilege, obligation or liability acquired, accrued or incurred under the repealed Act or Rules and Regulations framed thereunder; or
4. (e) affect any fees, interest, penalty as are due or may become due or any forfeiture or violation committed under the provisions of the repealed Act or Rules and Regulations framed thereunder.

1. (1) The Goa Investment Promotion and Facilitation of Single Window Clearance Ordinance, 2021 (Ordinance No. 3 of 2021) is hereby repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act. Secretariat, Porvorim, Goa. Dated: 03-09-2021. CHOKHA RAM GARG Secretary to the Government of Goa Law Department (Legal Affairs). ________