Chapter II Chapter II

(1) For the purpose of securing and assisting in the orderly establishment and development of facilities for scientific management of various types of wastes, there shall be established by the Government, by notification in the Official Gazette, a Corporation by the name, the Goa Waste Management Corporation. (2) The 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 off property, both movable and immovable, and to contract and do all things necessary for the purposes of this Act.

(1) The Corporation shall consist of the following Directors, namely:— (i) Chief Minister of Goa. (ii) Minister in-charge of Science and Technology Department. (iii) Secretary (Science and Technology) to the Government of Goa. (iv) Director, Directorate of Science and Technology. (v) Director – Directorate of Environment. (vi) Member Secretary, Goa State Pollution Control Board. (vii) Director, Directorate of Panchayats. (viii) Director, Directorate of Municipal Administration. (ix) One scientific expert and one engineering expert, to be nominated by the Government. (x) Two persons having experience in managing waste, to be nominated by the Government. (xi) Two persons, one each from Municipality and Panchayat, to be nominated by the Government. (xii) The Managing Director of the Corporation, who shall be the Chief Executive Officer of the Corporation and shall also be the ex-officio Secretary to the Corporation. (2) The Chief Minister of Goa shall be the Chairperson, and the Minister in-charge of Science and Technology Department shall be the Vice-Chairperson, of the Corporation. (3) The Managing Director of the Corporation shall be responsible for the day to day functioning of the Corporation besides to execute all the decisions taken by the Board of Directors.

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 he being nominated as a Director.

(1) The Directors of the Corporation nominated under sub-section (1) of section 4, shall hold office during the pleasure of the Government. (2) The Chairperson, Vice-Chairperson and Directors of the Corporation nominated under 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) The office of the Director and/or Chairperson and/or Vice-Chairperson of the Corporation, in so far as it is an office of profit under the Government, shall not disqualify the holder of such office for being chosen as and for being a member of the Legislative Assembly of Goa.

(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 prescribed. (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. (3) There shall be at least 1/3rd of the total number of Directors of the Corporation present for any meeting so called, failing which, the meeting shall stand cancelled. The Managing Director who shall function as ex officio secretary to the Corporation shall remain present for all such meetings.

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 leave from Chairperson for 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.

Any vacancy of a Director of the Corporation shall be filled as early

(1) If the Chairperson, Vice-Chairperson 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 Government may appoint another person who fulfils the requirements thereof, 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 Chairperson, Vice-Chairperson shall preside over the meetings of the Corporation and in absence of both of them, the Directors present shall choose the Presiding Officer to preside over the meetings of the Corporation.

No disqualification of, or defect in the appointment of, any person acting as the Chairperson or Vice-Chairperson 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.

(1) The 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, subject to the approval of the Government. (3) The conditions of appointment and service of the Managing Director, the Chief Accounts Officer and other officers and servants of the Corporation shall be such as may be prescribed.