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The Goa (Mopa Airport Development Authority) Act, 201

Goa · state statute
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Pl.ANOFTHEMOPAAIRPORTAAEA
The Goa (Mopa Airport Development Authority) Act, 2018
(Goa Act 10 of 2018) [31-8-2018]
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
ofexisting infrastructural facilities connected with or relating to Mopa Greenfield International Airport
project and for purposes connected therewith and incidental thereto. Be it enacted by the Legislative
Assembly of Goa in the Sixty-ninth Year of the Republic of India, as follows:—
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.
2. Definitions.— In this Act, unless the context otherwiserequires,—
(a) “Authority” means the Mopa Airport Development Authority constituted under section 3 of
thisAct;
(b) “Chairperson” means the Chairperson of theAuthority;
(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 Airportproject;
(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 issueclearances;
(d) “Government” means the Government of Goa;
(e) “Mopa Airport Area” means the Mopa Airport Area as specified in the Schedulehereto;
(f) “Mopa International Airport Planning Area” means the area declared as the Mopa International
Airport Planning Area under sub-sections (1) and (2) of section 18 of the Goa, Daman and Diu Town
and Country Planning Act, 1975 (Act 21 of1975);
(g) “notification” means a notification published in the Official Gazette of the Government ofGoa;
(h) “prescribed” means prescribed by rules made under thisAct;
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(i) “relevant  law”  means  the  State  law  and  the  rules,  regulations,  notifications  and  orders
framed/issuedthereunder;
(j) “Schedule” means a Schedule appended to thisAct.
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 thisAct.
4. Composition of Authority.— The Authority shall consist of a Chairperson to be appointed by
the Government and the following Members,namely:—
(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 …Member.
(xi) Director of Civil Aviation … MemberSecretary.
5. Authentication.—All  orders  and  decisions  of  the  Authority  shall  be  authenticated  by
signatures of the Member Secretary of theAuthority.
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 deemsfit;
(ii) to receive proposals for clearance and give acknowledgementthereof;
(iii) to advice the Government from time totime;
(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 PlanningArea;
(v) exercise all the powers, which are otherwise vested in the Competent Authority under the
relevant law or rules, regulation, bye laws, notifications issued thereunder so as to give clearances for
development of the Mopa Greenfield InternationalAirport.
(vi) the Authority shall exercise such other powers and functions as may beprescribed.
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.
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(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 relevantlaw.
8. Staff of Authority.— (1) The Government shall provide the Authority with such officers and
employees as it may deemfit.
(2) The officers and employees of the Authority shall discharge their functions under the general
superintendence of theChairperson.
(3) The salaries, allowances and other conditions of service of such officers and employees of the
Authority shall be such as may beprescribed.
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 of1860).
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 suchlaw.
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 HighCourt.
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 thisAct.
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 madehereunder.
14. Savings.—The provisions of this Act shall not apply to any clearances required under Central
enactments.
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 suchdirections.
16. Power to make rules.— The Government may, by notification make rules for carrying out all
or any of the provisions of thisAct.
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 thedifficulty:
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.
SCHEDULE
All that Mopa Airport Area admeasuring 2136 acres comprising of parts of the areas of villages of
Mopa, Varconda, Casarvarnem, Chandel, Uguem and Amberem, delineated in the plan appended
hereto and bounded as under:—
North: By Survey Numbers 22/8 to 16, 25/1 to 14, 31/9, 31/15 to 18, 32/1 to 4,
34/25,34/27,35/3,35/15,33/1,33/2,33/6to12,33/16,33/17,40/6to10
Of Uguem Village and Survey Numbers 70, 105/4, 105/6, 105/8 to 11,
106/1, 106/18, 106/36, 106/41 of Mopa Village and Maharashtra State:
     South:       By Survey Numbers 36,37,38,45,46,47,50/7,61,66,67/1,70/1to6,
70/9,70/10,70/13,70/16,70/17,85/1to5,87,88,89,90,91,92,93,94,
102, 104/1, 104/3, 104/5, 104/6, 104/8, 104/ 18, 104/39, 108/1, 109/1,112,
114/3,114/4,115/3,115/5,115/6,117/1,118/3,118/4,118/6,118/7and
127 of Varconda Village and Survey Numbers 205, 223, 218/1, 220/4, 222/
3, 222/4, 222/6, 225/1 and 2, 226, 236/1 and 2, 237/3, 238/6, 238/8,
238/10, 238/12, 264/4 and 5, 266/1 and 277 of Casarvornem Village;
East: By Survey Number 19, 21/10 and 35/5 of ChandelVillage;
West: By Survey Numbers 34/1 and 2, 38/3 and 4 of Amberemvillage.
Secretariat, 
Porvorim-Goa.
Dated: 5-9-
2018.
DHARMENDRA SHARMA,
Secretary to the
Government of Goa

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