03-09-2021

S.1 Short title, extent and commencement

This Act may be called the Goa Investment Promotion and Facilitation of Single Window Clearance Act, 2021.

It shall extend to the whole of the State of Goa.

It shall be deemed to have come into force with effect from the 26th day of June, 2021.

S.2 Definitions

In this Act, unless the context otherwise requires,−

"agriculture" means horticulture, animal husbandry, forestry, dairy and poultry farming, aquaculture and other allied activities, whether or not undertaken jointly with agriculture and the expression "agricultural operations" shall be construed accordingly;
"agriculture industry" means the industrialized processing or production of livestock, poultry, fish, dairy and crops;
"Board" means the Goa Investment Promotion and Facilitation Board established under section 3;
"Clearance" means grant or issue of no objection certificate, consent, enrolment, registration, permission, approval, licence, allotment, memorandum and the like, by any Competent Authority or Authorities in connection with setting up of a project till the enterprise starts commercial operation and includes such grant and issue for expansion of the existing project in the State;
"Commercial Project" means a project of

S.3 Establishment and incorporation of the Goa Investment Promotion and Facilitation Board

(1) For the purpose of promoting investment in the State and to provide investment facilitation services to procure speedy clearances for setting up an enterprise in the State there shall be established by the Government, by notification in the Official Gazette, a Board by the name Goa Investment Promotion and Facilitation Board.

(2) The Board 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 of property both movable and immovable, and to contract, and do all things necessary for the purposes of this Act.

S.4 Constitution

The Board shall consist of,−

Chief Minister of Goa − Chairperson, ex-officio;
Minister for Industries − Vice-Chairperson, ex-officio;
Minister for Finance − ex-officio member;
Chairman, Goa Industrial Development Corporation − ex-officio member;
Chief Secretary − ex-officio member;
Secretary (Industries) or his nominee − ex-officio member;
Secretary (Environment) or his nominee − ex-officio member;
Secretary (Town and Country Planning) or his nominee − ex-officio member;
Secretary (Tourism) or his nominee − ex-officio member;
Secretary (Revenue) or his nominee − ex-officio member;
Secretary (Power) or his nominee − ex-officio member;
Five members to be nominated amongst which each by the Goa Chamber of Commerce and Industry (GCCI), the Goa State Industries Association (GSIA), Confederation of Indian Industry (CII) Goa, Travel and Tourism Association of Goa (TTAG) and Goa

S.5 Jurisdiction of the Board

(1) The Board shall be a single point contact authority for all investments made in the State except the investments which have been prohibited by the Government through a notification, which meet the criteria of investment value not less than rupees five crore, excluding cost of land.

(2) Projects which have investment value less than rupees five crore may be entertained by the Board and the Board may refer such proposal to the Sub-Committee constituted under section 17.

S.6 Disqualification of Members of the Board

A person shall be disqualified for being a member of the Board, if he,−

is an employee of the Board, not being the Chief Executive Officer; or
is of unsound mind, and stands so declared, by a competent court; or
is an undischarged insolvent; or
is convicted of an offence involving moral turpitude within a period of five years immediately before he being appointed/nominated as the Chairperson, Vice-Chairperson or the Member of the Board.

S.7 Term of office and conditions of service of the members of the Board

(1) All members of the Board other than ex-officio members shall hold office for a period of two years from the date of the notification issued by the Government constituting or reconstituting the Board.

(2) Any person appointed/nominated as a Chairperson, Vice-Chairperson or member on one or more occasion shall, unless disqualified, be eligible for re-nomination.

S.8 Meetings of the Board

(1) The Board shall meet at such time and at such place as it may determine and shall, subject to the provisions of sub-section (2), observe such rules or procedure for transaction of its business as may be provided by regulations made under this Act. However, the Board shall meet at least once in every three months.

(2) A member who is directly or indirectly concerned or interested in any proposal, arrangement, subsidy, etc., shall at the earliest possible opportunity disclose the nature of his interest to the Board when any such proposal is discussed and recuse himself during the discussion.

(3) The Chairperson shall preside at all meetings of the Board and in his absence the Vice-Chairperson shall preside over the meeting of the Board.

(4) The quorum for meeting of the Board shall be nine members.

(5) The Board may invite any person or expert who is not a member of the Board, as special invitees or co-opt any person as an advisor for any meeting of th

S.9 Cessation of Member of the Board

(1) If a member,−

becomes subject to any of the disqualifications mentioned in section 6, or
tenders his resignation in writing to, and such resignation is accepted by the Government; or
is absent, without the Board's permission, for three consecutive meetings of the Board; or
is convicted of an offence involving moral turpitude, he shall cease to be a member of the Board.

(2) The Government may, by an order, suspend or remove any member of the Board on the ground of proved misbehaviour, incapacity, or misuse of position: Provided that a member shall not be suspended or removed unless he has been given a reasonable opportunity of being heard.

S.10 Vacancies of the Board how to be filled

Any vacancy of a member of the Board shall be filled as early as practicable, in the like manner as if the appointment/nomination was being made originally.

S.11 Temporary absence of members of the Board

If the Chairperson, Vice-Chairperson, or any other member of the Board 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 his duties in circumstances not involving the cessation of his membership, the Government may appoint/nominate another person to act for him and carry out his duties and functions under this Act. Such person shall vacate office on the date when the member for whom he is acting resumes his duties: Provided that in case of members specified in clause (xii) of section 4, such temporary appointment shall be done only after receipt of nomination from the respective bodies.

S.12 Proceeding of the Board Presumed to be good and valid

No disqualification of or defect in the appointment of any person acting as the Chairperson, Vice-Chairperson or a member of the Board shall vitiate any act or proceedings of the Board, if such act or proceeding is otherwise in accordance with the provisions of this Act.

S.13 Functions of the Board

The functions of the Board shall be, −

generally, to promote the State as an investment destination nationally and internationally;
notwithstanding anything contained in any other State law for the time being in force, to exercise the powers of any competent authority for the purpose of promoting and facilitating investments;
subject to the provisions of this Act to,−

facilitate grant of approvals from the competent authorities under the relevant Statutes;
facilitate grant of approvals from the Central/other State Government departments/agencies, bodies and Corporations, etc. owned by any other State;

in particular and without prejudice to the generality of the foregoing functions, to perform all or any of the following functions, namely:−

approve, reject, review, cancel or revoke any investment proposal with respect to the criteria specified in subsection (1) of section 5 as also with reference to t

S.14 General Powers of the Board

(1) Subject to the provisions of this Act and subject to special directions issued by the Government, the Board shall have all powers including incidental and ancillary powers to perform, carry out, undertake any function to promote and facilitate investment opportunities in the State.

(2) Notwithstanding anything contained in any other State law but subject to the provisions of this Act, the Board, with the previous sanction of the Government may, in exercise of its powers and performance of its functions under this Act, issue directions in writing to any person, officer or any Competent Authority under the relevant State law and such person, officer or Competent Authority shall be bound to comply with such directions. Explanation: The power to issue directions under this sub-section shall be limited to a person, officer or Competent Authority in the State and it shall include power to direct to consider, grant, approve a particular project with such conditions as the Board

S.15 Authentication of orders and documents of the Board

All clearances, orders, decisions, notices, and other documents of the Board shall be authenticated by the signature of the Chief Executive Officer or any other officer authorised by the Board in this behalf.

S.16 Directions by the Government

The Government may issue to the Board such general or special directions as regards to policy as it may think necessary or expedient for the purpose of carrying out the purposes of this Act, and the Board shall be bound to follow and act upon such directions.

S.17 Constitution of the Sub-Committee

The Government may, by notification in the Official Gazette, constitute a Sub-Committee consisting of,−

Minister for Industries − Chairperson.
Secretary (Industries) or his nominee − member;
Secretary (Environment) or his nominee − member;
Secretary (Town and Country Planning) or his nominee − member;
All the members of the Board nominated under clause (xii) of section 4 − members;
Chief Executive Officer of the Board- Member Secretary.

S.18 Jurisdiction of the Sub-Committee

The Sub-Committee shall have the power to decide the proposals referred to it by the Board under sub-section (2) of section 5.

S.19 Disqualification of Members of the Sub-Committee

A person shall be disqualified for being nominated as a member of the Sub-Committee, if he,−

is an employee of the Board, not being the Chief Executive Officer; or
is of unsound mind and stands so declared by a competent court; or
is an undischarged insolvent; or
is convicted of an offence involving moral turpitude within a period of five years immediately before he being nominated/appointed as the Chairperson or the Member of the Sub-Committee.

S.20 Term of office and conditions of service of the members of the Sub-Committee

The Chairperson or a member shall hold office of the Sub-Committee as long as he is a Vice-Chairperson or member of the Board, as the case may be, or till the appointment is terminated by the Board.

S.21 Meetings of the Sub-Committee

(1) The Sub-Committee shall meet at such time and at such place as it may determine and shall subject to the provisions of sub-section (2) observe such rules or procedure for transaction of its business as may be provided by regulations made under this Act. However, the Sub-Committee shall meet at least once a month.

(2) A member who is directly or indirectly concerned or interested in any proposal, arrangement, subsidy etc., shall, at the earliest possible opportunity, disclose the nature of his interest to the Sub-Committee when any such proposal is discussed.

(3) The Chairperson of the Sub-Committee shall preside at all meetings of the Sub-Committee and in the absence of the Chairperson, the members present shall choose the presiding officer to preside over the meeting.

(4) The quorum for meeting of the Sub-Committee shall be six members.

(5) The Sub-Committee may invite a person or expert who is not a member of the Board, as special invitee or co-opt

S.22 Cessation of Member of the Sub-Committee

(1) If a member,−

becomes subject to any of the disqualifications mentioned in section 19, or
tenders his resignation in writing to, and such resignation is accepted by, the Government; or
is absent, without the Sub-Committees permission, for three consecutive meetings of the Sub-Committee; or
is convicted of an offence involving moral turpitude, he shall cease to be a member of the Sub-Committee.

(2) The Board may, by an order, suspend or remove any member from his office on the ground of proved misbehaviour, incapacity or misuse of position: Provided that a member shall not be suspended or removed unless he has been given a reasonable opportunity of being heard.

S.23 Vacancies of the Sub-Committee how to be filled

Any vacancy of a member of the Sub-Committee shall be filled as early as practicable, in the like manner as if the appointment/nomination was being made originally.

S.24 Temporary absence of members of Sub-Committee

If the Chairperson or any other member of the Sub-Committee 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 his duties in the circumstances not involving the cessation of his membership, the Government may appoint/nominate another person to act for him and carry out his duties and functions under this Act. Such person shall vacate office on the date when the member for whom he is acting resumes his duties: Provided that in case of members specified in clause (v) of section 17, such temporary appointment shall be done only after receipt of nomination from the respective bodies.

S.25 Proceeding of the sub-committee presumed to be good and valid

No disqualification of or defect in the appointment/nomination of any person acting as the Chairperson or a member of the Sub-Committee shall vitiate any act or proceedings of the Sub-Committee, if such act or proceeding is otherwise in accordance with the provisions of this Act.

S.26 Functions of the Sub-Committee

The functions of the Sub-Committee shall be,−

to decide on any matters related to the approved projects including but not limited to name change, address change, change in constitution or shareholding, review, cancellation and revocation of proposals referred to it by the Board, subject to ratification of the decision by the Board;
to evaluate investment proposals referred to it by the Board;
in particular and without prejudice to the generality of the provisions of clause (i) to,−

forward the application of the investor within its jurisdiction, to the concerned person, officer or Competent Authority for processing and disposal;
monitor the status of the applications;
suo moto examination and review any decision taken by any person, officer or Competent Authority with respect to the proposal within the jurisdiction of the Sub-Committee.

S.27 Powers of the Sub-Committee

(1) Notwithstanding anything contained in any other State law but subject to the provisions of this Act, the Sub-Committee, with the previous sanction of the Government may, in exercise of its powers and performance of its functions under this Act, issue directions in writing to any person, officer or any Competent Authority and such person, officer or Competent Authority shall be bound to comply with such directions. Explanation: The power to issue direction under this sub-section shall be limited to a person, officer or Competent Authority in the State and it shall include power to direct to consider, grant, approve a particular project with such conditions as the Sub-Committee may deem fit and proper in the nature and circumstances of the case.

(2) The Sub-Committee shall have the power to,−

review and monitor the processing of applications by any person, officer or Competent Authority;
direct any person, officer or Competent Authority for taking dec

S.28 Application of Boards assets

All property, funds and other assets vesting in the Board shall be held and applied by it, subject to the provisions and the purposes of this Act.

S.29 Boards fund

(1) The Board shall have and maintain its own fund, to which shall be credited,−

all monies received by the Board by way of grants, subventions, loans, advances or otherwise;
all fees, costs and charges received by the Board under this Act.

(2) The Board may keep in current account or in deposit account with the State Bank of India or any other Bank approved by the Government in this behalf such sum of money out of its fund as prescribed and any money in excess of the said sum shall be invested in such manner as may be approved by the Government.

(3) Such accounts shall be operated by such officers of the Board as may be authorised by it by regulations made in this behalf.

S.30 Grants, subventions, loans and advances and capital contribution to the Board

The Government may, after due appropriation made by the State Legislature by law in this behalf, make in each financial year such grants, subventions, loans, advances and capital contribution to the Board as it may deem necessary for the performances of the functions of the Board under this Act and all such grants, subventions, loans, advances and capital contribution made shall be on such terms and conditions as the Government may, after consulting the Board, determine.

S.31 Power of the Board to borrow

The Board may, subject to such conditions as prescribed, borrow money in the open market or otherwise with a view to provide itself with adequate resources.

S.32 Reserve and other funds

(1) The Board shall make provision for reserve and other specially denominated funds as the Government may, from time to time, direct.

(2) The management of the funds referred to in sub-section (1), the sums to be transferred from time to time to the credit thereof and the application of money comprised therein, shall be determined by the Board.

(3) None of the funds referred to in subsection (1) shall be utilised for any purpose other than that for which it is maintained without the previous approval of the Government.

S.33 Expenditure from funds

The Board shall have the authority to spend such sums as it thinks fit for the purpose authorized under this Act from and out of the general fund of the Board referred to in section 29.

S.34 Budget and programme of work

(1) The Board shall, by such date in each year as may be prescribed, prepare, and submit to the Government for approval an annual financial statement and the programme of work for the succeeding financial year.

(2) The annual financial statement shall show the estimated receipts and expenditure during the succeeding financial year in such form and detail as may be prescribed.

(3) The Board shall be competent to make variations in the programme of work in the course of the year provided that all such variations and re-appropriations out of the sanctioned budget are brought to the notice of the Government by a supplementary financial statement.

(4) The annual financial statement and the programme of work and the supplementary financial statement, if any, shall be placed before the Legislative Assembly as soon as may be after their receipt by the Government.

S.35 Accounts and audit

(1) The Board shall maintain books of account and other books in relation to its business and transaction in such form and in such manner, as prescribed.

(2) The accounts of the Board shall be audited by an auditor appointed by the Government.

(3) As soon as the accounts of the Board are audited the Board shall send a copy thereof with a copy of the report of the auditor thereon to the Government.

(4) The Government shall cause the accounts of the Board together with the audit report thereon forwarded to it under subsection (3) to be laid annually before the State Legislature.

S.36 Concurrent and special audit of accounts

(1) Notwithstanding anything contained in section 35, the Government may order that there shall be concurrent audit of accounts of the Board by such person as it thinks fit. The Government may also direct a special audit to be made by such person as it thinks fit of the accounts of the Board relating to any particular transaction or class or series of transactions or to a particular period.

(2) When an order is made under subsection (1), the Board shall present or cause to be presented for audit such accounts and shall furnish the person appointed under subsection (1) such information as the said person may require for the purpose of audit.

S.37 Officers and Employees of the Board

(1) The Government in consultation with the Board shall appoint a Chief Executive Officer of the Board upon selection by a committee comprising of the Secretary Industries, and three other representatives nominated by the Chairperson of the Board.

(2) The Board may appoint, such other officers and servants sub-ordinate to the officer mentioned in sub-section (1), as it considers necessary for efficient performance of its duties and functions.

(3) The conditions of appointment and service of the officers and servants of the Board and their scales of pay shall be such as may be determined by regulations made under this Act.

S.38 Application for clearance

(1) An Investor desiring to set up an enterprise in the State and obtain clearances under the relevant State laws may apply to the Board under section 5 through a single window clearance system.

(2) All applications for clearances shall be submitted along with such fee, in such manner alongwith such processing fee as specified by the Board.

(3) The Board shall issue the acknowledgement only on receipt of application complete in all respect.

(4) The Board may refer any of the application to the Sub-Committee.

(5) The Board or the Sub-Committee, as the case may be, may get the project evaluated prior to grant of in principle approval.

(6) The Board, Sub-Committee, its members or any of its authorised officials may inspect the area prior to grant of in principle approval.

(7) The Board or Sub-Committee may obtain any additional information or documents from the applicant or the Competent Authority.

(8) After grant of in principle approv

S.39 Time limit for processing of applications and issue of clearances

(1) The concerned person or officer or Competent Authority shall process and dispose of application within a period of twenty-one days from the date of receipt of the application under sub-section (8) of section 38.

(2) On receipt of an application, the person, officer or Competent Authority, may through the Board or the Sub-Committee, obtain further additional information from the applicant as required, at any time before the expiry of the period stipulated for the disposal of such application with an advance copy of the same to the applicant: Provided that the person, officer or Competent Authority shall strictly ensure that all the queries are raised together with a single letter and no query is raised separately causing delay in clearance.

(3) The applicant shall furnish the required information as expeditiously as possible to the Board or the Sub-Committee, as the case may be, with a copy to the concerned person or officer or Competent Authority simultaneously.

S.40 Combined Application Form

The Board may specify such application form as deemed fit by it and every Competent Authority or person or officer shall accept such application form for processing and issuing required clearance.

S.41 Self-Certification

(1) Every investor shall certify and furnish a Declaration at the time of submitting the application to the Board in such form as prescribed, declaring that the information submitted by him is true and correct in all respects and that he shall comply with the applicable provisions of the relevant State laws and the rules and regulations made thereunder.

(2) The Declaration furnished by the investor shall be accepted by concerned person or officer or Competent Authority for the purpose of issuing and granting a clearance.

S.42 Declaration of Investment Promotion Area

(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,−

declare an area which is,−

recommended by the Board; and
having the potential to develop adequate facilities like power, roads, water supply, etc., to be an Investment Promotion Area;

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;
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 Vill

S.43 Development of areas

(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 (a) of sub-section (1) of section 42 declaring any area to be an Investment Promotion Area, the Government may, by notification in the Official Gazette, appoint a Planning, Development and Construction Committee consisting of the following members, namely:−

Chief Secretary − Chairperson;
Secretary (Industries) − Member;
Director, Directorate of Industries, Trade and Commerce − Member;
Chief Town Planner (Planning) or his nominee not below the rank of the Deputy Town Planner − Member;
Director, Directorate of Health Services or his nominee not below the rank of the Deputy Director − Member;
Director of Fire and Emergency Service or his nominee not below the rank of Deputy Director − Member;
Chief Inspector of Factories and Boilers or his nominee not below the rank of th

S.Inferred: 61 because (e) subsection appears immediately preceding Section 62 Not visible

(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.

S.62 Repeal and Savings.

(1) The Goa Investment Promotion and Facilitation of Single Window Clearance Ordinance, 2021 (Ordinance No. 3 of 2021) is hereby repealed.

(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.