The Goa Mineral Development Corporation Act, 2021

 
 
 
 
 
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GOVERNMENT  OF GOA 
 
Notification 
7/34/2021-LA 
 
The Goa Mineral Development Corporation Act, 2021 (Goa Act 26 of 2021), which 
has been passed  by the Legislative Assembly of Goa on 30-07-2021 and assented to by 
the Governor of Goa on 08-09-2021, is hereby published for the general information of 
the public. 
Pooja D. Phadte, 
Joint Secretary (Law). 
Porvorim, 15th September, 2021. 
 
_______________________ 
 
The Goa Mineral Development Corporation Act, 2021 
(Goa Act 26 of 2021) [08-09-2021] 
 
AN 
ACT 
to establish a Corporation to carry out mining operation in an orderly, scientific and 
ecological sustainable manner and for matters connected therewith or incidental thereto. 
Be it enacted by the Legislative Assembly of Goa in the Seventy Second Year of the 
Republic of India as follows:— 
1. Short title, extent and commencement. — (1) This Act may be called the Goa 
Mineral Development Corporation Act, 2021. 
(2) It shall extend to the whole of the State of Goa. 
(3) It shall come into force on such date as the Government may, by notification in 
the Official Gazette, appoint. 
2. Definitions.— In this Act, unless the context otherwise requires,— 
(a) “Board” means the Board of Directors of the Corporation; 
(b) “Chairperson” means the Chairperson of the Corporation; 
(c) “Corporation” means the Goa Mineral Development Corporation established under 
section 3 of this Act; 
(d) “Director” means a Director of the Corporation; 
(e) “Government” means the Government of Goa; 
(/) “mining lease” means a lease granted for the purpose of undertaking mining 
operations, and includes a sub-lease granted for such purpose; 
(g) “mining operations” means any operations undertaken for the purpose of 
winning any mineral; 
(h) “Official Gazette” means Official Gazette of the State; 
(i) “prescribed” means prescribed by rules made under this Act; 
 
 
 
 
 
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(j) “prospecting license” means a license granted for the purpose of undertaking 
prospecting operations; 
(k) “rules” means rules made under this Act; 
(1) “regulations” means regulations made under this Act; 
(m) “State” means the State of Goa. 
3. Establishment and incorporation,— (7) For the purpose of carrying out mining 
operations and allied activities in an orderly, scientific and ecological sustainable manner, 
there shall be established by the Government, by notification in the Official Gazette, a 
Corporation by the name of the Goa Mineral Development Corporation. 
(2) The said Corporation shall be a body corporate having 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. 
(3) The Head Office of the Corporation shall be at Panaji, Goa, or at any place as may 
be directed by the Government. 
4. Constitution.— (7) The Chief Minister of the State shall be the Chairperson of the 
Corporation and it shall consist of the following other Directors, namely:— 
(i) Secretary to the Government of Goa, Mines Department; 
(ii) Secretary to the Government of Goa, Finance Department, or his nominee not 
below the rank of Additional Secretary from Finance Department; 
(iii) Director of Mines; 
(iv) A law graduate having experience of handling matters related to mining to be 
nominated by the Government; 
(v) Two Chartered Accountants  having an experience of ten years or more, to be 
nominated by the Government; 
(vi) A Geologist to be nominated by the Government; 
(vii) Secretary to the Government of Goa, Department of Environment and Climate 
Change. 
(viii) Managing Director of the Corporation who shall be the Ex -Offieio 
Secretary to the Corporation. 
5. Managing Director.— (1) The Managing Director shall be appointed by the 
Government. 
(2) The Managing Director shall,— (a) be a whole time officer of the Corporation; 
(b) perform such duties and functions as may be specified or as may be assigned to 
him; 
(c) hold office for a term of three years from the date of his appointment and shall 
remain in office thereafter for three months or until a successor in that office is 
appointed, whichever is earlier; 
(d) receive such salary and allowances as may be prescribed; 
 
 
 
 
 
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(e) divest himself of any directorship of, or other interest held by him in, any other 
Corporation, Company or concern; and 
(f) not become a Director of, or acquire any share or other interest in any other 
Corporation, Company or concern during his term of office: 
Provided that nothing in this section shall prevent the Managing Director from holding 
shares in any public company acquired by him before this appo intment but he shall 
declare such shares to the Government at the time of his appointment: 
Provided further that the Government may, in exceptional circumstances, where it 
considers necessary to do so, exempt by a special order any person who has been 
appointed or is about to be appointed as Managing Director from the application of this 
section. 
(2) Nothing in this section shall preclude the Government from extending the term of 
office of a Managing Director for such period as the Government may determine. 
6. Disqualification of Managing Director and/or Director.— A person shall be 
disqualified for being  nominated/appointed as a Director or Managing Director of the 
Corporation, if he — 
(a) is, or at any time has been, convicted of any offence involving moral turpitude; or 
(b) is, or at any time has been, disqualified for appointment in, or dismissed from, 
Government 
service; or 
(c) is, or at any time has been, adjudged insolvent; or 
(d) is of unsound mind and stands so declared by a Competent Court; or 
(e) is not a citizen of India; or 
(/) is less than twenty five years of age. 
7. Removal of Managing Director and/or Directors. — The Government may, by 
order in writing,  remove the Managing Director or a Director, as the case may be, after 
giving him an opportunity of being heard if he,— 
(a) refuses to act or fails to discharge or becomes, in the opinion of the Government, 
incapable of discharging his responsibilities under this Act; 
(b) has, in the opinion of the Government, abused his position as Managing Director or 
Director which has rendered his continuance on the Corporation detrimental to the interest 
thereof or of the general public; or 
(c) is otherwise unfit to continue as a Managing Director or Director; 
(d) has knowingly acquired or continued to hold, without the permission in  writing 
of Government directly or indirectly, or through a partner any share or interest in any 
contract or employment with, or on behalf of the Corporation or in any property, which he 
knows is likely to benefit or has benefited him as a result of the operation of the  
Corporation. 
8. Resignation by or removal of Managing Director or Directors.— 
Notwithstanding anything contained in this Act, the Managing Director or a Director, at 
any time before the expiry of his term and upon three months’ notice, resign  his office, or 
 
 
 
 
 
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upon similar notice, be removed from office by the Government without assigning any  
reason: 
Provided that Government may, upon payment of three months’ salary and allowances 
in lieu of the notice, remove the  Managing Director immediately without assigning any 
reason. 
9. Appointment of officers.— The Corporation may appoint such officers, advisers, 
experts, consultants and other employees, as it considers necessary for the efficient 
performance of its functions under this Act on such terms and  conditions as it may deem 
fit, subject to such general or special directions as the Government may give from time to 
time in this behalf. 
10. Financial, technical and advisory committees. — The Corporation may 
constitute such financial, technical and advisory committees to advise the Corporation as 
may be deemed necessary for carrying out the purposes of this Act. The Corporation may 
engage suitable consultants or persons having special  knowledge or skill to assist the  
Corporation in the performance of its functions. 
11. Meetings of Board.— (7) The Board shall meet at such time and places and shall, 
subject to the provisions of sub -section (2) observe such rules or procedure in regard to 
the transaction of its business as may be provided by the regulations made under this Act. 
(2) A Director, Chairperson or the Managing Director who is directly or indirectly 
concerned or is interested in any of the resolutions or decisions shall abstain himself from 
such discussion or decision when such subject matter is taken up for  discussion or  
decision: 
Provided that when the Chairperson is required to abstain as aforesaid, the meetings 
shall be chaired by any other Director to be appointed by majority in such meeting, when 
discussing or taking decision on such subject. 
(3) The quorum required for transaction of the business at the meeting of the Board 
shall be three. 
(4) In the event of equality of vote, the Chairperson shall have the casting vote. 
(5) The meetings of the Board shall be presided over by the Chairperson and in his 
absence by a Director elected for the purpose by  the Directors present from amongst 
themselves. 
(6) No act or proceedings of the Board shall be invalid merely on the ground of 
existence of any vacancy in the Board. 
(7) The minutes of every meeting of the Board, stating among other things, the 
names of the Directors present, shall be drawn up and recorded in a book to be kept for the 
purpose and shall be signed by the person presiding over the meeting and such book 
shall, at all reasonable times and without payment of any fee, be open for inspection to 
the Directors. 
12. Management and administration.— {1) The management and administration of 
the Corporation and its affairs shall vest in the Board which may exercise all powers and 
do all acts which may be necessary for the purposes of this Act. 
(2) The Board in discharge of its functions shall act after considering welfare of the 
public and commercial aspects and shall follow such directions as the Government may 
 
 
 
 
 
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give from time to time. 
(3) If the Board fails to obey any directions mentioned  in sub-section (2) or if the 
Board, its Managing Director or any Director contravenes the provisions of this Act or of 
the rules or regulations made  thereunder or if the Managing Director or any Director is 
found guilty of misconduct, Government may  remove all or any of the Directors or the 
Managing Director, as the case may be, and notwithstanding anything  to the contrary 
contained in sections 5 and 6, appoint temporarily other persons in their place to be the 
Directors or the Managing Director, as the ease may be, until new Directors are appointed in 
accordance with the provisions of section 5 or a new Managing Director is appointed in 
accordance with the provisions of section 6; provided that only the p rovisions of clauses (a), 
(b), (d) and (e) of sub-section (2) of section 6 shall apply to the person appointed temporarily 
under this sub-section to be the Managing Director. 
(4) The Government may suspend the execution of any resolution or order of the Board as 
in the opinion of Government contravenes the provisions of this Act, the Rules and 
Regulations framed under this Act, or the directions mentioned in sub-section (2), or prohibit 
the doing of any act which is to be done or is being done in pursuanc e of such resolution or 
order, or if the act has been accomplished, order its rectification in such manner as may be  
directed. 
13. Submission of returns, statements, etc. to the Government. — (1) The Government 
may require the Managing Director to furnish to it — 
(a) any return, statement, estimate, statistics or other information regarding any matter 
under the control of the Corporation; or 
(b) a report on any such matter; or 
(c) a copy of any document in his charge, and the Managing Director shall comply with 
any such requisitions without any undue delay. 
(2) The Managing Director shall prepare and submit a quarterly report to the Board. 
14. Power of Board to associate other persons. — (7) The Board may associate with 
itself, in such manner, on such terms and for such period  as it may deem fit, any person 
whose assistance or advice it may desire in carrying out any of the provisions of this Act. 
(2) A person associated under sub -section (1) for any purpose shall have the right to take 
part in the discussion relating to such p urpose in the meetings of the Board, but shall not 
have the right to vote, and shall not be deemed to be a Director for that or any other purpose. 
15. Functions of the Corporation. — (1) The Corporation shall obtain mining 
leases/grants, prospecting licenses, e tc. under the Mines and Mineral Development and 
Regulation Act, 1957 (Act 67 of 1957) and carry out all mining operations in accordance 
with the said Act. 
(2) The Corporation shall also carry out mining operations for the State under MMDR  
Act. 
(3) The Corporation shall carry out business relating to the mining dumps, 
transportation, extraction of ore, export of ore and mining rejects, slurries, tailings, etc. as 
may be directed by the Government from time to time. The Corporation shall also participate 
in the auction related to mining lease/prospecting licence as and when Government auctions 
such mining leases/prospecting licenses. 
 
 
 
 
 
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(4) The Corporation shall be entitled to enter into any contracts, agreements, 
memorandum of understandings, etc. for engaging entities for the purpose of carrying out 
mining operations as it may consider necessary or expedient or any other business connected 
therewith in accordance with this Act. 
(5) The Corporation shall be entitled to publicly auction, sell the ore which is extracted 
or which m ay be otherwise required to be sold by the Corporation, on such terms and 
conditions as it may deem fit. 
(d) The Corporation shall also carry out such other activities as may be directed by 
the Government from time to time. 
16. The authentication of orders and documents of the Cor poration.— All the 
permissions, orders, other documents of the Corporation shall be authenticated by the 
signature of the Managing Director  or any other Officer authorized by the Corporation in 
this behalf. The Government may issue to t he Corporation such general or special 
directions as to the 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. 
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, interest, 
profits, loans, advances or otherwise; 
(b) all monies received by the Corporation from the mining business and other allied 
activities. 
(c) all monies received by the Corporation by way of royalties, rents and profits, or in 
any other manner or from any other source including the proceeds of any loan authorized 
by section 20. 
(2) The Corporation may keep in current or in deposit account with the State Bank of 
India or any other Public Sector Bank approved by the 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 Government. 
(3) Such accounts shall be operated upon by such officers of the Corporation as may 
be authorized by it by regulations made in this behalf. 
19. Grants, subventions, loans, advances and capital contribution to the 
Corporation.— The Government may, after due appropriation made by the State 
Legislature by any law in this behalf, make such grants, subventions, loans and advances 
and capital contributions to the Corporation as it may deem necessary for the performance 
of the functions of  the Corporation under this Act; and all grants, subventions,  loans, 
advances and capital contribution made shall be on such terms and conditions as the 
Government may 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 
 
 
 
 
 
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otherwise with a view to providing itself with adequate resources, subject to prior 
approval of the Government. 
21. Reserve and other funds.— (7) The Corporation shall make provision for such 
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 (7), 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 Corporation. 
(3) None of the funds referred to in subsection (1) shall be utilized for any purpose 
other than that for which it was constituted, without the previous approval of the  
Government. 
22. Expenditure from funds.— The Corporation shall have the authority to spend such 
sums as it thinks fit for the purposes authorised under this Act from and out of the general 
fund of the Corporation referred  to in section 18 or from the reserve and other funds 
referred to in section 21, as the case may be. 
23. Budget and programme of work.— (1) The Corporation 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 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 Government by a supplementary 
financial statement. 
(4) A copy each of the annua l 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. 
24. Accounts and audit.— (1) The Corporation shall maintain books of accounts 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 
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 Government. 
(4) The 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. 
25. Concurrent and Special Audit  of accounts.— (1) Notwithstanding anything 
contained in section 24, the Government may order that there shall be concurrent audit of 
the accounts of the Corporation by such persons 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 
Corporation relating to any particular transaction or class or series of transaction or to a 
particular period. 
 
 
 
 
 
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(2) When an order is made under subsection (1), the Corporation shall present or 
cause to be presented for audit such accounts and shall furnish the person appointed 
under sub-section (7) such information as the said person may require for the purpose of 
audit. 
26. Recovery of sums due to the Corporationas 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 other 
mode of recovery, be recoverable as arrears of land revenue on the application of the  
Corporation. 
27. Dissolution of Corporation.— (7) Where the Government is satisfied that the 
purposes for which  the Corporation was established under this Act have been 
substantially achieved, so as to render the continued existence of the Corporation in the 
opinion of the Government unnecessary, the Government  may by notification in the 
Official Gazette declare that the Corporation shall be dissolved with effect from such date as 
may be specified in the notification, and the Corporation, shall be deemed to be dissolved  
accordingly. 
(2) From the said date,— 
(a) all properties, funds and dues which are vested in, or realisable by the Corporation, 
shall vest in, or be realizable by, the Government; 
(b) all liabilities which are enforceable against the Corporation shall be enforceable 
against the 
Government. 
28. Power to make rules.— (7) The Government may, after consultation with the 
Corporation in regard to the matters concerning it, by notification in the Official Gazette, 
make rules to carry out the purposes of this Act. 
(2) In particular and without prejudice to the generality of the foregoing power, such 
rules may provide for all or any of the following matters, namely:— 
(a) under clause (d) of sub-section (2) of section 5, the salary and allowances of the 
Managing Director of the Corporation; 
(b) under section 18, the sums of money to be kept by the Corporation i n Current 
and deposit 
accounts; 
(c) under section 20, subject to prior approval of the Government; 
(d) under section 23, the date by which the annual financial statement and 
programme of work shall be submitted by the Corporation to the Government and the form 
and manner of preparing such statement; 
(e) under section 24, the form and manner of maintaining books and other books of 
accounts; and manner of auditing accounts; 
(/) any other matter which has to be, or may be, prescribed by the rules. 
29. Power to make regulations.— The Corporation may, with the previous approval 
of the Government,  make regulations consistent with this Act and the rules made 
thereunder to carry out, the purposes of this Act, and without prejudice to the generality of 
 
 
 
 
 
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this power, such regulations may provide for:— 
(a) under section 18(3), the Officer of the Corporation who may operate its accounts: 
(b) under section 28, the manner in which Government lands shall be dealt with by 
the Corporation after development. 
30. Rules and regulations to be Published in the Official Gazette.— All rules and 
regulations made under this Act shall be published in the Official Gazette. 
31. 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 or regulation made there under. 
32. Notice to suit and limitation of suits against CorRoratiof2, Committees, Officers 
and servant for acts done in pursuance of execution of this Act. — (7) No suit shall lie 
against the Corporation or against any committee constituted under this Act, or against any  
Officer, or servant of the Corporation in respect of any act done in pursuance or execu tion or 
intending execution of this Act, or in respect of any alleged neglect, or default in the 
execution of this Act,— 
(a) unless it is commenced within six months after the accrual of the cause of action;  
and 
(b) until the expiration of two months after the not ice in writing has been in the case of 
the Corporation or its Committee, delivered or left at the Corporation’s office and in the case 
of an Officer or servant of Corporation, delivered to him or left at his office or place of 
abode; and all such notices s hall state with reasonable particulars the cause of action and the 
name and place of abode of the intending plaintiff and of his advocate, pleader, or agent, if 
any, for the purpose of the suit. 
(2) If the defendant in any such suit is an officer, or servant of the Corporation, payment 
of any sum or part thereof payable by him in or in consequence of the suit may, with the 
sanction of the Corporation, be made from the Corporation funds. 
33. Members, officers and staff of Corporation to be Public sewants. — All officers 
and servants of the Corporation shall, when acting or purporting to act in pursuance of any of 
the provisions of this Act, be deemed to be public servants within the meaning of section 21 
of the Indian Penal Code, 1860 (XLV of 1860). 
34. Power to remove doubts and difficulties. — If any doubt or difficulty arises in 
giving effect to the provisions of this Act, the Government may, by order, make provision or 
give such direction not inconsistent with the express provisions of this Act, as may  appear to 
it to be necessary or expedient for the removal of doubt or difficulty: 
Provided that, no such order shall be made after the expiry of the period of two years 
from the commencement of this Act. 
Secretariat  
Porvorim, Goa.  
Dated: 15-09-2021. 
CHOKHA RAM  GARG 
Secretary to the Government of Goa Law 
Department (Legal Affairs). 
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