Section 37 in The Goa Industrial Development Act, 1965
37. Overriding powers of Government to issue directions to local authorities.
- Notwithstanding anything contained in any other law, or in any licence 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 for 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.[37A] [Inserted by Amendment Act 10 of 1991.]. 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-(1)earmarked as industrial estate; and(2)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;[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] [Proviso substituted by Amendment Act 7 of 1992.].(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.
