The Industrial Development Corporation Act, 1965

 
 
 
 
 
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LEGISLATIVE ASSEMBLY OF GOA, DAMAN AND DIU 
Legislature Department 
LA/3468/65  
The following Act passed by the Legislative Assembly of Goa, Daman and Diu 
received the assent of the President of India on the 11th November, 1965 and is hereby 
published for general information.  
 
 
Goa 1IndustriaI Development Act, 1965 
(No. 22 of 1965) [11th November, 1965] 
 
An Act to make special provision for securing the orderly  establishment  in ind ustrial 
areas and industrial estates of industries in the 2 [State of Goa] and to assist generally in 
the organisation therefore, and for that purpose to establish an Industrial Development 
Corporation, and for purposes connected with the matters aforesaid. 
Be it enacted by the Legislative Assembly of Goa, Daman and Diu in the Sixteenth 
Year of the Republic of India as follows:— 
 
CHAPTER I 
Preliminary 
1. Short title, extent and commencement.— (1) This Act may be called the Goa3[ ] 
Industrial Development Corporation Act, 1965. 
(2) It extends to the whole of 4[State of Goa] 
2. Definitions.— In this Act, unless the context otherwise requires,— 
(a) “amenity” includes road, supply of water or electricity, street lighting, 
drainage, sewerage, conservancy and such other convenience as the State 
Government may, by Notification  in the Official Gazette, specify to be an amenity for 
the purposes of this Act; 
(b) “building” means any structure or erection, or a part of a structure or erection, 
which is intended to be used for residential, industrial, commercial or other purposes, 
whether in actual use or not; 
(c) “Collector” means the Collector of  a District, and includes any Officer 
specially appointed  by the State Government to perform the functions of a Collector 
under this Act; 
(d) “Corporation” means the Goa Industrial Development Corporation established 
under section 3; 
(e) “Development” with its grammatical variations, means the carrying out of 
building, engineering, quarrying or other operations, in, on, over or under land, or the 
making of any material change, any building or land, and includes re -development, 
but does not include  mining operations in and “to develop” shall be construed 
accordingly; 
(f) “Engineering operation” include the formation or laying out of means of access to 
a road or the laying out of means of water supply; 
(g) “Industrial area” means any area declared to be an industrial area by the State 
Government by notification in the Official Gazette, which is to be developed and 
 
 
 
 
 
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where industries are to be accommodated; 
(h) “Industrial Estate” means any site selected by the State Government where the 
Corporation builds factories and other buildings and makes them available for any 
industries or class of industries; 
(i) “Means of access” includes a road, wharf or any means of access, whether 
private or public, for vehicles or boats or for foot passengers; 
(j) “Premises” means any land or building or part of a building and includes— 
(i) The garden, grounds and out-houses, if any, appertaining to such building or 
part of a building; and 
(ii) Any fittings affixed to such building or part of a building for the more 
beneficial enjoyment thereof; 
(k) “Prescribed” means prescribed by rules made under this Act; 
(l) The expression “Land” and the expression “Person interested” shall have the 
meanings respectively assigned  to them in section 3 of the Land Acquisition Act, 
1894, (1 of 1894); 
(m) 5(“State Government” means the Government of Goa). 
CHAPTER II 
Establishment and Constitution of the Corporation 
3. Establishment and incorporation.— (1) For the purpose of securing and 
assisting in  the rapid and orderly establishment and organisation of industries in 
industrial areas and industrial estates in Goa, there shall be established by the State 
Government by notification in the Official Gazette a Corporat ion by the name of the 
Goa Industrial Development Corporation. 
 
(2) The said 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 of property both movable and immovable, and to contract, 
and do all things necessary for the purposes of this Act. 
 
6[4. Constitution.— (1) The Corporation shall consist of the following 7[twelve] 
Directors that is to say:— 
(a) Secretary (Industries); 
(b) Secretary (Finance) who shall be the Financial Advisor to the Corporation; 
(c) Chief Electrical Engineer; 
(d) Director of Industries; 
(e) President, Goa Chamber of Commerce and Industry; 
(f) President, Small Scale Industries Association; 
(g) An Architect or Environment Expert, to be nominated by the Government; 
(h) A person having shown capacity in industry or commerce, to be nominated by 
the Government; 
8[“(hh) Three persons having expertise in the fields of food processing/agriculture, 
biotechnology and pharma, to be nominated by the Government”]; 
(i) The Managing Director of the Corporation, who shall be the Chief 
 
 
 
 
 
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Executive of the Corporation, shall also be the Ex Officio Secretary to the 
Corporation; 
 
(2) The State Government shall appoint one of the Directors of the Corporation to 
be the Chairman of the Corporation.] 
 
5. Disqualification for 9[Director].— A person shall be disqualified for being 
nominated as a 10[Director] of the Corporation, if he— 
(a) Is an employee of the Corporation, not being the 11[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 12[Director]. 
 
13 [6. Terms of office and conditions of service of Directors. — (1) The 
Chairman and directors of the Corporation nominated under clauses  14[ (g), (h), and 
(h) of sub- section (1) of section 4], shall hold office for a period of 3 years from the 
date of their nomination unless their term of office is terminated earlier by the State 
Government. 
(2) The director of the Corporation nominated under clauses (e), (f), ' 5[ (g), (h) and 
(h) of sub -section (1) of section 4] shall be entitled to draw such honorarium or 
compensatory allowance for the purpose of meeting the personal expenditure in 
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) It is hereby declared that the office of Director or Chairman of the Corporation, 
in so far as it is an office of profit under the Government of India, or the Government of 
any State, or the Government of any Union Territory shall not disqualify the holder for 
being chosen as, and for being member of the Legislative Assembly of Goa]. 
 
7. Meetings of Corporation.— (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 reg ard to the transaction of its business as may be provided by  
regulation made under this Act. 
(2) A 16[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 when any such contract, loan, arrangement or 
proposal is discussed. 
 
8. Cessation of 17[Director].— (1) If a 18[director]— 
(a) becomes, subject to any of the disqualifications mentioned in section 5, or 
(b) tender his resignation in writing to, and such resignation is accepted by, the 
State Government, or 
(c) is absent without the Corporation’s permission from 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 
13[director] of the Corporation. 
 
 
 
 
 
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(2) The State Government may by order suspend from office for such period as it 
thinks fit, or remove from office any 1 4[director] of the Corporation, who in its opinion— 
(a) has refused to act, or 
(b) has become incapable of acting, or 
(c) has so abused his position as 19[director] as to render his continuance on the 
Corporation detrimental to the interest thereof or of the general public, or 
(d) is otherwise unfit to continue as a 20 [director]: 
Provided that, a21[director] shall not be suspended or removed from unless he has 
been given reasonable opportunity to show cause against the order. 
 
9. Vacancies how to be filled.— Any vacancy of a 22[directors] of the  
Corporation shall be filled as early as practicable, in like -manner as if the 
appointment was being made originally: 
Provided that, during any such vacancy the continuing 23[director] may act as if no 
vacancy had occurred. 
10. Temporary absence of 24[Membership].— (1) If the Chairman or any other 
20[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 State 
Govern- ment, or is otherwise unable to attend his duties in circumstance not 
involving the cessation  of his 25 [directorship], the State Government may appoint 
another person 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 26[director] for whom he is acting 
resumes his duties. 
27[(2) In the absence of Chairman, the directors present shall choose the Presiding 
Officer to preside over the meeting]. 
 
11. Proceeding presumed to be good and valid. — No disqualification of, or defect 
in the appointment of any person acting as the Chairman or a 24[Director] of the 
Corporation, shall vitiate any Act or proceeding of th e Corporation if such Act or 
proceeding is otherwise in accordance with the provisions of this Act. 
 
12. Officers and servants of the Corporation. — (1) The State Government shall 
appoint a 25[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 per - 
formance of its duties and functions. 
(3) The conditions of appointment and service of the  officers and servants of the 
Corporation and their scales of pay shall— 
(a) as regards the 26[Managing Director] and the Chief Accounts Officer, be such as 
may be prescribed, and 
(b) as regards the other officers and servants, be such as may be determined by 
regulations made under this Act. 
CHAPTER III 
Functions and Powers of the Corporation 
13. Functions.— The functions of the Corporation shall be— 
 
 
 
 
 
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(i) Generally to promote and assist in the rapid and orderly establishment, growth 
and development of industries in the 28[State of Goa]. 
(ii) In particular, and without prejudice to the generality of clause (i) to 
(a) establish and manage industrial estates at places selected by the State 
Government; 
(b) develop industrial areas selected by the State Government for the purpose 
and make them available for undertakings to establish themselves; 
 
30[(d) Undertake schemes or works either jointly or on agency basis with other 
corporate bodies or institutions, or with Government in furtherance of the purposes for 
which the Corporation is established and all matter connected therewith]. 
14. General powers of the Corporation.— Subject to the provisions of this Act, 
the Corporation shall have power— 
(a) to acquire and hold such property, both movable and immovable as the 
Corporation may deem necessary for the performance of any of its activities, and 
to lease,  sell, exchange or otherwise transfer any property held by it on such 
conditions as may be deemed proper by the Corporation; 
(b) to provide or cause to be provided amenities and common facilities in 
industrial estates  and industrial areas and construct and maintain or cause to be 
maintained works and buildings therefor; 
(c) to make available buildings on hire or sale to industrialists or persons 
intending to start industrial undertakings; 
(d) to construct buildings for the housing of the employees; 
(e) to allot factory sheds or such buildings or parts of buildings, including 
residential tenements  to suitable persons in the industrial estates established or 
developed by the Corporation; 
(ii) to modify or rescind such allotments, including the right and power to 
evict the allottees concerned on breach of any of the terms or conditions of their 
allotment; 
(f) to constitute advisory committee to advise the Corporation; 
(h) to engage suitable consultants or persons having special knowledge or  skill 
to assist the Corporation in the performance of its functions; 
(f) subject to the previous permission of the State Government, to delegate any of 
its powers  generally or specially to any its committees or officers, and to permit 
them to re-delegate specific powers to their subordinates; to enter into and perform 
all such contracts as it may consider necessary or expedient for carrying out any of 
its functions, and 
(k) to do such other things and perform such acts as it may think n ecessary or 
expedient for the proper conduct of its functions and the carrying into effect the 
purposes of this Act. 
15. Authentication of orders and documents of Corporation.— All 
permissions, orders, decisions, notices and other documents of the Corporation shall be 
authenticated by the signature of the Managing Director of the Corporation or any 
other Officer authorised by the Corporation in this behalf. 

 
 
 
 
 
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16. Directions by the State Government.— The State Government may issue to 
the Corporation such general or special directions as to policy as it may think 
necessary or expedient for the purpose of carrying out the purposes of this Act, and the 
Corporation shall be bound to follow and act upon such directions. 
CHAPTER IV 
 
Finance, Accounts and Audit 
17. Application of Corporation’s assets. — All property, funds and other assets 
vesting in the Corporation shall be held and applied by it, subject to the provisions and 
for the purposes of this Act. 
 
18. Corporation’s fund.— (1) The Corporation shall have and maintain its own 
fund, to which shall be credited— 
(a) all monies received by the Corporation by way of grants, subventions, loans, 
advances or otherwise; 
(b) all fees, costs and charges received by the Corporation under this Act; 
(c) all monies received by the Corporation from the disposal of lands, buildings 
and other properties movable and immovable and other transactions; 
(d) all monies received by the Corporation by way of rents and profits, or in any 
other manner or from any other source including the proceeds of any loan 
authorised by, section 20. 
 
(2) The Corporation may keep in current or in deposit account with the State Bank 
of India or any other Bank approved by the State Government in this behalf such sum 
of money out of its fund as may be prescribed and any money in excess of the said sum 
shall be invested in such manner as may be approved by the State Government. 
(3) Such accounts shall be operated upon by such officers of the Corporation as  
may be authorised by it by regulations made in this behalf. 
19. Grants, subventions, 31[loans, advances and capital contribution] to the 
Corporation.— The State Government may, after due appropriation made by the 
State Legislature by any law in this behalf, make such grants, subventions, 32[loans, 
and advances and capital contribution] to the Corporation as it may deem necessary 
for the performances of the functions of the Corporation under this Act; and all grants, 
subven- tions, 33[loans, advances and capital contribution] made shall be on such 
terms and condition s as the State Government may after consulting the Corporation 
determine. 
20. Power of the Corporation to borrow.— The Corporation may,  subject to 
such conditions as may be prescribed in this behalf, borrow money in the open 
market or otherwise with a view to providing itself with adequate resources. 
21.Deposits.— The Corporation may accept deposits on such conditions as it 
deems fit from persons, authorities or institutions to whom allotment or sale of land, 
buildings or sheds is made or is likely to be made in furtherance of the objects of this 
Act. 
22. Reserve and other funds.— (1) The Corporation shall make provision for 
reserve and  other specially denominated funds as the State 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 
 
 
 
 
 
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therein, shall be determined by the Corporation. 
(3) None of the funds referred to in sub -section (1) shall be utilised for any 
purpose other than that for which it was constituted, without the previous approval of 
the State Government. 
23. Expenditure from funds.— (1) The Corporation shall have the authority to 
spend such sums as it thinks fit for the purposes authorised under this Act from out of 
the general fund of the Corporation referred to in section 18 or from the reserve and 
other funds referred to in section 22 as the case may be. 
(2) Without prejudice to the generality of the power conferred by sub-section (1), 
the Corporation may contribute such sums as it thinks fit towards expenditure incurred 
or to be  incurred by any local authority or statutory public undertaking in the 
performance, in relation to any of the statutory functions of such authority or 
undertaking, including expenditure incurred in the acquisition of land. 
24. Budget and programme of work.— (1) The Corporation shall, by such date 
in each  year as may be prescribed, prepare and submit to the State 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 Corporation 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 State Government by a 
supplementary financial statement. 
(4) A copy each of 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 State Government. 
 
25. Accounts and audit.— (1) The Corporation shall maintain books of account 
and other books in relation to its business and transaction in such form, and in such 
manner, as may be prescribed. 
(2) The accounts of the Corporation shall be audited by an auditor appointed by 
the State Government, in the prescribed manner. 
(3) As soon as the accounts of the Corporation are audited the Corporation shall send 
a copy thereof with a copy of the report of the auditor thereon to the State Government. 
 
(4) The State Government shall cause the accounts of the Corporation together 
with the audit report thereon forwarded to it under sub-section (3) to be laid annually 
before the Legislative Assembly. 
 
26. Concurrent and special audit of accounts. — Notwithstanding anything 
contained in section 25 the State Government may order that there shall be 
concurrent audit of the accounts of the Corporation by such persons as it thinks fit. 
The State Government may also direct a special audit to be made by such person as it 
thinks fit of the  accounts of the Corporation relating to any particular transaction or 
class or series of transaction or to a particular period. 
(2) When an order is made under sub -section (1), the Corporation shall present or 
 
 
 
 
 
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cause to be presented for audit such accounts and shall furnish the person appointed 
under sub-section (1) such information as the said person may require for the purpose of 
audit. 
 
  
 
 
 
 
 
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CHAPTER V 
 
27. Acquisition of land for the Corporation to be a public purpose. — Any 
land required by the Corporation for carrying out any of its functions shall be deemed 
to be needed for a public purpose and may be acquired under the provisions of the 
Land Acquisition Act, 1894 or any other law for the time being in force. 
 
28. Disposal of land by the Corporation.— (1) Subject to any directions given 
by the State Government under this Act, the Corporation may dispose of— 
(a) any land acquired by the State Government and transferred to it, without 
undertaking or carrying out any development thereon; or 
(b) any such land after undertaking or carrying out such development as it thinks 
fit, to such persons in such manner and subject to such terms and conditions, as it 
considers expedient for securing the purposes of this Act. 
(2) The powers of the Corporation with respect to the disposal of land under sub -
section (1) shall be so exercised as to secure so far as practicable, that— 
 
(a) where the Corporation proposes to dispose of by sale any such land without 
any development having been undertaken or carried out thereon, the Corporation 
shall offer the land in the first instance to the person from whom it was acquired, if 
they desire to purchase it, subject to such requirements as to its development and use 
as the Corporation may think fit to impose; 
 
(b) persons who are residing or carrying on business or other activities on any 
such land shall, if they desire to obtain accommodation on land belonging to the 
Corporation and are willing to comply with any requirements of the Corporation as 
to its development and use, have as opportunity to obtain thereon accommodation 
suitable to their reasonable requirements on terms settled with due regard to the 
price at which any such land has been acquired from them. 
(3) Nothing in this Act shall be construed as enabling the Corporation without the 
approval of the State Government to dispose of land by way of gift, mortgage or 
charge, 
but subject as aforesaid any reference in this Act to the disposal of land shall be 
construed as a reference to the disposal thereof in any manner, whether by way of sale, 
exchange or lease or by the creation of any easement, right or privilege or otherwise. 
 
29. Government lands.— (1) For the furtherance of the objects of this Act, the 
State Government  may, upon such conditions as may be agreed upon between that 
Government and the Corporation, place at the disposal of the Corporation any lands 
vested in the Government. 
(2) After any such land has been developed by, or under the control and supervision 
of the Corporation, it shall be dealt with by the Corporation in accordance with the 
regulations made, and directions given by the State Government in this behalf. 
 
(3) If any land placed at the disposal of the Corporation under sub -section (1) is 
required at any time thereafter by the State Government, the Corporation shall replace 
it at the disposal of the State Government upon such terms and conditions as may be 
mutually agreed upon. 
 
  
 
 
 
 
 
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CHAPTER VI 
Supplementary and Miscellaneous Provisions 
 
30. Powers of Corporation in case of certain defaults by owner of land in 
industrial area.— (1) If the Corporation after holding a local in quiry, or upon report 
from any of its officers or other information in its possession, is satisfied that the 
owner of any land in an industrial area has failed to provide any amenity in relation to 
the land which in the opinion of the Corporation ought to be provided or to carry out 
any development of the land for which permission has been obtained under this Act, the 
Cor- poration may serve upon the owner a notice requiring him to provide the amenity or 
carry out the development within such time as may be specified in the notice. 
(2) If any such amenity is not provided or any such development is not carried out 
within the time specified in the notice, then the Corporation may itself provide the 
amenity or carry out the development or have it provided or carried  out through such 
agency, as it deems fit: 
Provided that, before taking any action under this sub-section, the Corporation 
shall afford reasonable opportunity to the owner of the land to show cause as to why 
such action should not be taken. 
(3) All expenses incurred by the Corporation or the agency employed by it in 
providing the amenity or carrying out the development together with interest, at such 
rate as the State Government may by order fix, from the date when a demand for the 
expenses is  made until payment, shall be recoverable by the Corporation from the 
owner. 
 
31. Order of demolition of building.— (1) Where the erection of any building in 
an industrial estate or industrial area has been commenced, or is being carried on, or 
has been completed, or any existing building is altered, in contravention of the terms 
on which such building or the land on which it stands is held or granted by or under this 
Act, or any rules made thereunder any officer of the Corporation empowered by it in this 
behalf may, in addition to any prosecution that may be instituted under this Act, make an 
order directing that such erection shall be demolished by the owner thereof within such 
period not exceeding two months as may be specified in the order, and on the failure of the 
owner to comply with the order, the officer may himself cause the erection to be 
demolished and the expenses of such demolition shall be recoverable by the Corporation 
from the owner: 
 
Provided that, no such order shall be made unless the owner has been given a 
reasonable opportunity to show cause why the order should not be made. 
(2) Any person aggrieved by an order under sub-section (1) may appeal against 
that order within thirty days from the date thereof to a Committee of the Corporation 
set up for  the purpose by regulations made in this behalf. Such Committee may after 
hearing the parties to the appeal either allow or dismiss the appeal or reverse or vary the 
order or any part of it. 
 
(3) The decision of the Committee on the appeal and subject only to such decision 
the order made by the officer under sub-section (1) shall be final. 
 
32. Power to stop building operations.— (1) Where the erection of any building 
in an industrial estate or industrial area has been commenced, or is being carried on, 
has been completed, or any existing building is altered, in contravention of the terms 
on which such building or the land on which it stands is held or granted under this Act or 
any rules made thereunder any officer of the Corporation empowered in this behalf 
 
 
 
 
 
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may, in addition to any prosecution that may be instituted under this Act, make an order 
requiring the building operations in relation to such erection to be discontinued on 
and from the date of service of the order. 
 
(2) Where such building operations are not discontinued in pursuance of the 
requisition under sub-section (1), the Corporation or the officer empowered as 
aforesaid may require any police officer to remove the person by whom the erection of 
the building has been commenced and all his assistants and workmen from the place of 
the building within such time as maybe specified in the requisition and such police 
officer shall comply with the requisition accordingly. 
 
(3) After a requisition under sub-section (2) has been complied with, the 
Corporation or  the officer empowered as aforesaid may depute by a written order a 
police officer or an officer, or employee of the Corporation to watch the place in order 
to ensure that the erection of the building is not continued. 
 
(4) Any person failing to comply with an order made under sub-section (1) shall, 
on conviction, be punished with fine which may extend to two hundered rupees for 
every day during which such non-compliance continues after the service of the order. 
 
(5) No compensation shall be claimable by any person for any damage or loss 
which he may sustain in consequence of any order made under this section. 
33. Penalty for construction or use of land and buildings contrary, to terms of 
holding.— (1) Any person who whether at his own instance or at the instance of any 
other person undertakes or carries out construction of or alterations to any building in 
an industrial estate or industrial area contrary to the terms under which he holds such 
building or land under this Act or any rules made thereunder shall, on conviction be 
punished with fine which may extend to 34[one lakh] rupees, and in the case of a 
continuing contravention with a further fine which may extend to 35[five thousand] rupees 
for every day during which such offence continues after conviction for the first 
commission of the offence. 
 
(2) Any person who uses any land or building in an industrial estate or industrial 
area contrary to the terms under which he holds such land or building under this Act 
or any rules made thereunder or in contravention of the provisions of any regulations 
made in this behalf shall, on conviction, be punished  with fine which may extend 
to36[ fifty thousand ]rupees. 
34. Power to lay pipe lines etc. — (1) Within any area taken up for development 
under paragraph (b) of clause (ii) of section 13 the Corporation, or any person 
empowered in  this behalf by the State Government by notification in the Official 
Gazette (hereinafter in this section referred to as “the authorised person”), may for the 
purposes of (a) carrying gas, water or electricity from a source of supply to the said 
area or (b) constructing any sewers or drains necessary for carrying off the workings 
and waste liquids  of an industrial process through, any intervening area, lay down, 
place, maintain, alter,  remove or repair any pipes, pipe lines, conduits, supply or 
services lines, posts or other appliances or apparatus in, on, under, over, along or across 
any land in such areas. 
(2) The Corporation or the authorised person may at any time enter upon any land 
in any such area and in such event the provisions of section 35 shall mutatis mutandis 
apply. 
(3) While exercising the power conferred by sub-section (1), the Corporation or  
the authorised  person shall cause as little damage as possible to property. Full 
 
 
 
 
 
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compensation to  all persons interested for any damage sustained by them in 
consequence of the exercise of such power as aforesaid shall be paid, as the case may 
be, by the Corporation or, in the case of the authorised person, by the State  
Government. 
(4) Nothing herein shall authorise or empower the Corporation or the authorised 
person to lay down or place any pipe or other works in to, through or against any 
building or in any land not dedicated to public use without the consent of the owners and 
occupiers thereof,  except that the Corporation or such person may at any time enter 
upon and lay or place any new pipe in the place of an existing pipe in any land wherein 
any pipe has been already lawfully laid down or placed in pursuance of this Act, and 
may repair or alter any pipe so laid down: 
Provided that, nothing in the aforesaid provision shall be construed to mean that 
the Corporation or other person is forbidden from having the said land acquired at any 
time by the State Government in the normal course. 
 
35. Powers of entry.— Any officer of Government, any member of the 
Corporation, and  any person either generally or specially authorised by the 
Corporation in this behalf may enter into or upon any land or building with or without 
assistants or workmen for the purpose of— 
(a) making any inspection, survey, measurement, valuation or enquiry or taking 
levels of such land or building; 
(b) examining works under construction and ascertaining the course of sewers 
and drains; 
(e) digging or boring into the sub-soil; 
(d) setting out boundaries and intended lines of work; 
(e) marking such levels, boundaries and lines by placing marks and cutting trenches; 
(f) doing any other thing necessary for the efficient administration of this 
Act: Provided that,— 
(i) no such entry shall be made except between the hours of sunrise and sunset and 
without giving reasonable notice to the occupier, or if there be no occupier to the 
owner of the land or building; 
(ii) sufficient opportunity shall in every instance be given to enable women (if 
any) to withdraw from such land or building; 
(iii) due regard shall always be had, so far as may be compatible with the 
exigencies of the purpose for which the entry is made, to the social and 
religious usages of the occupants of the land or building  entered.  
 
36. Officers of the Corporation may be vested with other powers. — The State 
Government may, by notification in  the Official Gazette, nominate any officer of the 
Corporation to be a controller or licensing authority under any law for the time being in 
force relating to the procurement or distribution of any commodity in respect of the 
industrial undertakings establ ished or to be established in the industrial estates or 
industrial areas entrusted to or developed by the Corporation and no such nomination 
shall be called into question merely on the ground that such officer is not an officer of 
the State Government. 
37. Overriding powers of Government to issue directions to local 
authorities.— Notwithstanding anything contained in any other law, or in any licence 
 
 
 
 
 
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or permit if the State Government is satisfied either on a recommendation made in 
this behalf by the Corporation or otherwise, that the setting up of an industrial 
undertaking (whether within an  industrial area or outside) is impeded by a local 
authority’s refusal to grant, or by such authority’s  insistence on conditions which the 
State Government considers unreasonable for  the grant of, any amenity, the State 
Government may direct the local authority to grant the said amenity on such conditions 
as it may consider fit; and thereupon the amenity shall be granted: 
Provided that the charge to be paid f or granting or continuing such amenity to the 
local authority concerned is not less than the cost to the local authority or licensee 
concerned for providing such amenity: 
Provided further that, no such direction shall be issued by the State Government 
unless the local authority shall have been given a reasonable opportunity to show 
cause why any such direction should not be made. 
 
37[37A. Declaration as industrial area. — (1) Notwithstanding anything to the 
contrary contained in any other law for the time being in force, the State Government 
may, by notification in the Official Gazette— 
(a) declare an industrial area which is— 
(i) earmarked as industrial estate; and 
(ii) having adequate facilities in respect of power, roads, water supply, to be 
notified area; 
(b) appoint the Corporation or any Officer or Committee thereof for the purpose 
of the assessment and recovery of any taxes when imposed as per the provisions 
made thereof; 
(c) declare that the provisions of any 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 that area shall cease to apply and 
thereupon such provisions shall cease to apply thereof; 
38[Provided that the Municipalities and the Village Panchayats which were 
receiving house tax from the occupants in the industrial estates under their respective 
laws, shall be compensated by the Government to the extent of the last financial 
year’s collection of taxes  for such period as may be determined by the Government 
which shall not be less than five years]. 
(d) Make other provision as is necessary for the purpose of the enforcement of  
the provision so provided to that area. 
 
(2) Before the publication of a notification under sub -section (1), the Government 
shall cause to be published in the Official Gazette and also in atleast one newspaper 
published in a language other than English and circulating in the area to be specified 
in the  notification, and inviting all persons who entertain any objections to the said 
proposal to submit the same in writing with reasons therefor to the Government within 
two months from the date of publication of the proclamation in the Official Gazette. 
 
(3) No such notification under sub-section (1) shall be issued by the Government, 
unless the objections, if any, so submitted under sub -section (2) are in its opinion 
insufficient or invalid.] 
39[37B. Development of areas.— 40[(1) Notwithstanding anything to the contrary 
contained in any other law for the time being in force, once a notification is issued 
under sub-section (1) of section 37A declaring an industrial area as a notified area, 
 
 
 
 
 
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the State Government may by notification in the Official Gazette, appoint a Committee 
consisting of — (i) the Managing Director of the Corporation ... Chairperson; (ii) 
Under Secretary (Revenue) to the Government of Goa ... Member; (iii) One member 
nominated by the Corporation  from amongst the Directors of the Corporation having 
knowledge in the field of engineering, architecture, indust ry, etc.  Member; (iv) an 
officer not below the rank 
of Deputy Town Planner to be nominated by the Government ...  Member Secretary; 
(v) Chief General Manager (Engineering)/General Manager (Engineering) of the Goa 
Industrial Development Corporation ... Member, (vi) an officer to be nominated by 
the Government  ... Member; to decide and dispose of all applications for land 
development, permissions, under all local or special laws including Goa, Daman and 
Diu Town and Country  Planning Act, 1974 (Act 21 of 1975) and rules framed 
thereunder (hereinafter in this section referred to as the “said Act”)]. 
 
(2) The Committee shall discharge all the functions of the Chief Town Planner, 
Town and Country Planning Department in a non planning area, and functions of the 
Planning and Development Authority in a planning area, under the laws in force. 
 
(3) The 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 said Act. 
 
(4) Notwithstanding anything to the contrary contained in any other law for the 
time being in force, permissions for any development in an Industrial area shall be 
governed by the regulations framed by the Corporation. 
 
(5) Any person aggrieved by the decision or order made by the Committee, may 
prefer an  appeal to the Goa Town and Country Planning Board. The provisions of 
section 45 of the said Act, and the rules framed thereunder, shall, mutatis mutandis, 
apply to such appeal.] 
 
38. Recovery of sums due to the Corporation as arrears of land  revenue.— 
All sums payable by any person to the Corporation or recoverable by it by or under this 
Act and all charges or expenses incurred in connection therewith shall, without prejudice 
to any ot her mode of recovery, be recoverable as arrears of land revenue on the 
application of the Corporation. 
39. Service of notices, etc.— (1) All Notices, orders and other documents required 
by this Act or any rule or regulation made thereunder to be served upon any person 
shall, save as otherwise provided in this Act or such rule or regulation be deemed to 
be duly served— 
 
(a) where the person to be served is a company, the service is effected in 
accordance with the provisions of section 51 of the Companies Act, 1956 (1 of 
1956); 
(b) where the person to be served is a firm, if the document is addressed to the 
firm at its principal place of business identifying it by the name or style under 
which its business is carried on, and is either— 
(i) sent under a certificate of posting or by registered post, or 
(ii) left at the said place of business; 
(c) where the person to be served is a statutory public body or a corporation or a 
society or other body, if the document is addressed to the secretary, treasurer or 
other chief officer of that body, corporation or society at its principal office and is 
 
 
 
 
 
- 15 - 
either— 
(i) sent under a certificate of posting or by registered post, or 
(ii) left at that office; 
(d) in any other case, if the document is addressed to the person to be served and— 
(i) is given or tendered to him, or 
(ii) if such person cannot be found, is affixed on some conspicuous part of his 
last known place of residence or business or is given or tendered to some adult 
member of  his family or is affixed on some conspicuous part of the land or 
building to which it relates, or 
(iii) is sent under a certificate of posting or by registered post to that person. 
(2) Any document which is required or authorised to be served on the owner or 
occupier of any land or building may be addressed to “the owner” or “the occupier” as 
the case may be, of that land or building (naming that land or building) without further 
name or description, and shall be deemed to be duly served— 
 
(a) if the document so addressed is sent or delivered in accordance with clause (d) 
of sub-section (1); or 
(b) if the document so addressed or a copy thereof so addressed, is given or 
tendered to some person on the land or building or, where there is no person on the 
land or building to whom it can be delivered, is affixed on some conspicuous part of 
the land or building. 
 
(3) Where a document is served on firm in accordance with this section, the 
document shall be deemed to be served on each partner. 
(4) For the purpose of enabling any document to be served on the owner of any 
property, the occupier (if any) of the property may be required by notice in writing by 
the State  Government or the Corporation as the case may be, to state the name and 
address of the owner thereof. 
 
40. Public notices how to be  made known. — Every public notice given under 
this Act or any rule or regulation made thereunder shall be in writing over the signature 
of the officer concerned and shall be widely made known in the locality to be affected 
thereby affixing copies thereof in conspicuous public places, within the said locality, 
or by publishing the same by beat of drum or by advertisement in a local newspaper, or 
by any two or more of these means, and by any other means that the officer may think 
fit. 
 
41. Notices, etc. to fix reasonable time.— Where any notice, order or other 
document issued  or made under this Act or any rule or regulation made thereunder 
requires anything to be done for the doing of which no time is fixed by this Act or the 
rule or regulation, the notice, order or other document shall specify a reasonable 
period of time for doing the same or complying therewith. 
 
42. Furnishing of returns etc. — (1) The Corporation shall furnish to the State 
Government such returns, statistics, reports, accounts and other information with 
respect to its conduct of affairs, properties or activities or in regard t o any proposed 
work or scheme as the State Government may from time to time require. 
 
(2) The Corporation shall in addition to the audit report referred to in section 25 
 
 
 
 
 
- 16 - 
furnish to the State Government an annual report on its working as soon as may be 
after the end of each financial year in such form and detail as may be prescribed, and a 
copy of the annual report shall be placed before the Legislative Assembly as soon as 
may be after it is received by the State Government. 
 
43. Withdrawal of area or estate or part thereof.— Where the State Government 
is satisfied that in respect of any particular industrial estate or industrial area, or any 
part thereof, the purpose for which the Corporation was established under this Act has 
been substantially achieved so as to render the continued existence of such estate or 
area or part thereof under the Corporation unnecessary, the State Government may, 
by notification in the Official Gazette, declare that such industrial estate or industrial 
area or part thereof has been removed from the jurisdiction of the Corporation. The 
State Government  may also make such other incidental arrangements for the 
administration of such estate or area or part thereof as the circumstances necessitate. 
 
44. Default in performance of duty.— (1) If the State Government is satisfied 
that the  Corporation has made a defa

Excerpt shown. Open the full act in Lexace.

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