GOA (MOPA AIRPORT DEVELOPMENT AUTHORITY) ACT, 2018

Act No. 10 of 2018

31st August, 2018

An Act In order to provide better commutation facilities to the residents of Goa, tourists visiting Goa from within India and overseas, and to provide a for a state of the art Airport and other infrastructure facilities and; In order to secure the welfare of the villagers adjoining Mopa Airport, for their orderly development and in order to give benefits of Mopa Airport to these villagers, and for securing the orderly establishment of the Mopa Greenfield International Airport and for that matter to provide for speedy issuance of various licenses, clearances and Certificates required for setting up of the Mopa Greenfield International Airport, infrastructural facilities, developmental work and upgradation of existing infrastructural facilities connected with or relating to Mopa Greenfield International Airport project and for purposes connected therewith and incidental th

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S.1 Short title, commencement and application

(1) This Act may be called the Goa (Mopa Airport Development Authority) Act, 2018.

(2) It shall come into force at once.

(3) It applies to the Mopa Airport Area specified in the Schedule hereto and to such other areas, with effect from such date, as the Government may, by notification in the Official Gazette, specify.

S.2 Definitions

In this Act, unless the context otherwise requires,--

• (a) "Authority" means the Mopa Airport Development Authority constituted under section 3 of this Act;
• (b) "Chairperson" means the Chairperson of the Authority;
• (c) "Clearances" means no objection certificates, consents, approvals, permissions, sanads, registrations, enrollments, licences and the like, required under the relevant law in connection with setting up of the Mopa Greenfield International Airport, infrastructural facilities, developmental work and upgradation of existing infrastructural facilities connected with or relating to Mopa Greenfield International Airport project;
• (c) "Competent Authority" means any Department or agency of the Government, authorized agency, statutory authority or body, village panchayat, municipality or municipal corporation or other local body or any other authority or committee which is entrusted with the powers and responsibilities to grant or issue c
  

S.3 Constitution of Authority

The Government may, by notification in the Official Gazette, constitute an Authority, to be known as the Mopa Airport Development Authority, to exercise the powers conferred on, and to perform the functions assigned to it, by or under this Act.

S.4 Composition of Authority

The Authority shall consist of a Chairperson to be appointed by the Government and the following Members, namely:--

No.	Member	Role
(i)	Secretary (Civil Aviation)	Member.
(ii)	Secretary (Revenue)	Member.
(iii)	Secretary (Town and Country Planning)	Member.
(iv)	Secretary (Urban Development)	Member.
(v)	Secretary (Panchayats)	Member.
(vi)	Chief Town Planner (Planning)	Member.
(vii)	Principal Chief Conservator of Forests	Member.
(viii)	Director of Health Services	Member.
(ix)	Member Secretary of Goa Pollution Control Board	Member.
(x)	Director of Fire and Emergency Services

S.5 Authentication

All orders and decisions of the Authority shall be authenticated by signatures of the Member Secretary of the Authority.

S.6 Powers and functions of the Authority

The Authority shall exercise the following powers and perform the following functions, namely:--

• (i) to meet at such times and places as the Chairperson may decide and shall transact the business as per the procedure as he deems fit;
• (ii) to receive proposals for clearance and give acknowledgement thereof;
• (iii) to advice the Government from time to time;
• (iv) exercise the powers of the Planning and Development Authority under the Goa, Daman and Diu Town and Country Planning Act, 1975 (Act 21 of 1975), a municipality under the Goa Municipality Act, 1968 or the Village Panchayat under the Goa Panchayat Raj Act, 1994 as the case may be in respect of the Mopa International Airport Planning Area;
• (v) exercise all the powers, which are otherwise vested in the Competent Authority under the relevant law or rules, regulation, bye laws, notifications issued there under so as to give clearances for development of the Mopa Greenfield Internatio
  

S.7 Miscellaneous provisions

(1) Notwithstanding anything contained in the Goa, Daman and Diu Town and Country Planning Act, 1975 (Act 21 of 1975), for the Mopa International Airport Planning Area, the Authority shall be deemed to be a Planning and Development Authority under the said Act.

(2) This Authority shall also be a deemed Panchayat having all powers under the Goa Panchayat Raj Act, 1994 and a deemed Municipality under the Goa Municipality Act, 1968 with all powers thereof.

(3) Notwithstanding anything contained in any relevant law for the time being in force, once a proposal is cleared, and a clearance or permission is granted by the Authority under this Act, then no other clearance shall be required from any Competent Authority or any other authority under the provisions of any such relevant law.

S.8 Staff of Authority

(1) The Government shall provide the Authority with such officers and employees as it may deem fit.

(2) The officers and employees of the Authority shall discharge their functions under the general superintendence of the Chairperson.

(3) The salaries, allowances and other conditions of service of such officers and employees of the Authority shall be such as may be prescribed.

S.9 Members, etc., to be public servants

The Chairperson, Members, officers and employees of the Authority shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).

S.10 Act to override other laws

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other State law, rules, regulations of any authorities in force, orders, decrees, notifications, statutes, bye-laws for the time being in force or any custom or usage or any instrument having effect by virtue of any such law.

S.11 Appeals

Any person aggrieved by a decision of the Authority under this Act, may, within a period of thirty days from the date of such decision, prefer an appeal to the High Court.

S.12 Civil court not to have jurisdiction

No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the High Court is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.

S.13 Protection of action taken in good faith

No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule made hereunder.

S.14 Savings

The provisions of this Act shall not apply to any clearances required under Central enactments.

S.15 Power to give directions

The Government may give direction to any Government Department or Agency, Authority, local authority or other authority or any person, under this Act with regard to the setting up of the Mopa Greenfield International Airport, infrastructural facilities, developmental work and upgradation of existing infrastructural facilities connected with or relating to the Mopa Greenfield International Airport project and such Government Department or Agency, Authority, local authority or other authority or person shall be bound to comply with such directions.

S.16 Power to make rules

The Government may, by notification make rules for carrying out all or any of the provisions of this Act.

S.17 Power to remove doubts and difficulties

(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 order shall be made under this section after the expiry of two years from the date of commencement of this Act.

(2) Every order made under this section shall, as soon as may be after it is made be laid before the State Legislature.