The Goa Health Services Development Act, 2008

-1-

GOVERNMENT OF GOA

Department of Law & Judiciary

Legal Affairs Division

______

Notification

7/30/2008-LA

The Goa Health Services Development Act, 2008 (Goa Act 13 of 2009), which has
been passed by the Legislative Assembly of Goa on 28-8-2008 and assented to by the
Governor of Goa on 15-06-2009, is hereby published for general information of the
public.

Sharad G. Marathe, Joint Secretary (Law).

Porvorim, 26th June, 2009.

______

The Goa Health Services Development Act, 2008

(Goa Act 13 of 2009)  [15-06-2009]

AN

ACT

to make special provision for securing the establishment and orderly development of
health  institutions,  services  and  facilities  in  the  State  of  Goa  primarily  for
implementing the Universal Mediclaim Scheme and management of assets belonging
to  Health  Department,  Asilo  Hospital,  Hospicio  Hospital  as  decided  by  the
Government and in particular in the health estates, and to assist  generally in the
organization  thereof,  and  for  that  purpose  to  establish  a  Goa  Health  Services
Development Corporation, and for purposes connected with the matters aforesaid.

Be it  enacted by the Legislative  Assembly of  Goa in the Fifty-ninth Year  of the

Republic of India, as follows:—



-2-

CHAPTER  I 

Preliminary

1. Short title, extent and commencement.— (1) This Act may be called the Goa
Health Services Development Act, 2008.

(2) It shall extend to the whole of the State of Goa.

(3) It shall come into force at once.

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  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, health establishment, 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 Government to perform the functions of a Collector under this Act;

(d)  “Corporation”  means  the  Goa  Health  Services  Development  Corporation
established under section 3;

(e)  “development”  with  it’s  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 in any building or land, and includes re-development,
but does not include mining operations 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) “Government” means the Government of the State of Goa; 

(h) “health Estate” means any area declared to be a Health Estate by the Government
by Notification  in  the  Official  Gazette,  which  is  to  be developed and where health
establishments are to be accommodated; 

(i)  “health  services”  means  any  services  by  way  of  finance,  premises,  hospitals,
health centers, and any other services for betterment of health of the community and
society at large.

(j) “means of access” includes a road, wharf or any means of access, whether private
or public, for vehicles or boats or for foot passengers;

(k)  “premises” means any land or building or part of a building and includes—



-3-

(i) the garden, grounds and out-house, 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;  

(l) “prescribed” means prescribed by rules made under this Act;

(m)  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).

(n) “Universal Mediclaim Scheme” means a medical Claim Scheme as notified by the
Government from time to time.

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  establishments  for health
services for the purpose of implementing the Universal Mediclaim Scheme and health
estates/medical tourism/health city etc., in the State of Goa there shall be established by
the Government by Notification in the Official Gazette, a Corporation by the name the
Goa Health Services 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 it’s 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.

4.  Constitution.— (1)  The  Corporation  shall  consist  of  the  following  twelve
Directors that is to say:—

 (a) Minister in charge of the Public Health Department; 

(b) Secretary to the Government in the Health Department;

(c) Joint Secretary to the Government in Health Department;

(d) Joint Secretary to the Government in Finance (Expenditure) Department;

(e) Director of Health Services in the Directorate of Health Services, Goa;

(f)  An  Eminent  Chartered  Accountant  with  atleast  10  years  experience  to  be
nominated by the Government;

(g) Nominee of the Goa Chamber of Commerce and Industry;



-4-

(h) A person having expertise in the field of health services to be nominated by the
Government;

(i)  A  person  with  5  years  of  experience  in  administration/financial
services/medical insurance having MBA to be nominated by the Government;

(j) Two persons to be nominated by the Government;

(k) The Managing Director of the Corporation, who shall be the Chief Executive of
the Corporation, shall also be the ex officio Secretary to the Corporation; 

(2) The Minister in charge of Public Health Department, Government of Goa shall be
the Chairperson of the Corporation. 

5.  Disqualification  for  Director.— A  person  shall  be  disqualified  for  being
nominated as a Director of the Corporation, if he—

 (a) is an employee of the Corporation, not being the 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 a Director. 

6. Term of office and conditions of service of Director.— (1) The Directors of the
Corporation nominated under clauses (h), (i) and (j) 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 Government.

(2) The Director of the Corporation nominated under clauses (g), (h), (i) and (j) 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 regard to the transaction of it’s business as may be provided by regulation
made under this Act.

(2) A 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



-5-

of his interest to the Corporation when any such contract, loan, arrangement or proposal
is discussed.

8. Cessation of Director.— (1) If a Director,—

(a) becomes subject to any of the disqualifications mentioned in section 5; or

(b) tenders his resignation in writing to, and such resignation is accepted by, the
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 Director of the Corporation.

 (2) The Government may by order suspend from office for such period as it thinks
fit, or remove from office any Director of the Corporation, who in it’s opinion,—

(a) has refused to act; or

(b) has become incapable of acting; or

(c)  has  so abused his  position as  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 Director:

Provided that, a Director shall not be suspended or removed from his office unless he
has been given a reasonable opportunity to show cause against the order.

9. Vacancies how to be filled.— Any vacancy of a Director of the Corporation shall
be filled as early as practicable, in the like manner as if the appointment was being made
originally:

Provided that,  during any such vacancy the continuing Directors may act as if no
vacancy had occurred.

10. Temporary absence of Directors.— (1) If the 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 Government, or is otherwise unable to attend his
duties in circumstances not involving the cessation of his Directorship, the 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 Director for whom
he is acting resumes his duties.

 (2)  In the absence of Chairman, the Directors present shall  choose the Presiding
Officer to preside over the meeting.



-6-

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  Director  of  the
Corporation,  shall  vitiate  any  act  or  proceeding  of  the  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 Government shall appoint
a 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 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,—

(i) Generally to promote and assist in the rapid and orderly establish-ment, growth
and development of health services in the State of Goa.

(ii) In particular, and without prejudice to the generality of clause (i), to—

(a)  establish  and  manage  health  estates/medical  tourism/health  city  at  places
selected by the Government; 

(b) develop health estates selected by the Government for the purpose, construct
premises and make them available for undertakings to establish themselves; 

(c) to operate any scheme, on behalf of Government, related with health services;

(d)  undertake  Schemes  or  works  either  jointly  or  on  agency  basis  with  other
corporate bodies or institutions, or with Government in furtherance or the purposes
for which the Corporation is established and all matters connected therewith;

(e) to establish health establishments, health estates/health city, operate schemes
related to health sector by self, jointly with Government agencies or private parties in
joint sector or on public private partnership basis.



-7-

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 it’s 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 health
estates  and  construct  and  maintain  or  cause  to  be  maintained  works  and  buildings
therefor;

(c) to make available buildings on hire or sale to persons intending to start health
establishments;

(d) to construct buildings for the housing of the employees of health establishments;

(e) (i) to allot ready built  sheds or such buildings or parts of buildings, including
residential tenements to suitable persons in the health estates established or developed
by the Corporation;

(ii) to modify on 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;

(g) to engage  suitable consultants or persons having special knowledge or skill to
assist the Corporation in the performance of it’s functions; 

(h) to delegate any of it’s powers generally or specially to any of it’s committees or
officers, and to permit them to re-delegate specific powers to their subordinates;

(i)  to  enter  into  and  perform all  such  contracts  as  it  may  consider  necessary  or
expedient for carrying out any of it’s functions; and

(j)  to  do  such  other  things  and  perform  such  acts  as  it  may  think  necessary  or
expedient  for  the  proper  conduct  of  it’s  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.

16.  Directions  by  the  Government.— The  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.



-8-

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 it’s own
fund, to which shall be credited,—

(a) all monies received by the Corporation by way of grants, subventions, loans,
advances  or  otherwise  from  the  Government  or  Financial  Institutions  or  other
Corporate Bodies;

(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 Government in this behalf such sum of money
out of it’s 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 authorised by it by regulations made in this behalf.

19.  Grants,  subventions,  loans  and  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 contribution to the Corporation as it may deem necessary for the
performance of the functions of the Corporation under this Act and all grants, subven-
tions,  loans and advances and capital  contribution made shall  be on such terms and
conditions as the 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 from bank,  financial
institutions or in the open market or otherwise with a view to provide itself adequate
resources.

21. Deposits.— The Corporation may accept deposits on such conditions as it deem
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.



-9-

22.  Reserve  and  other  funds.— (1)  The  Corporation  shall  make  provision  for
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  (1),  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 sub-section (1) shall be utilised for any purpose
other  than  that  for  which  it  was  constituted,  without  the  previous  approval  of  the
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 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 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 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 Government.

25. Accounts and audit.— (1) The Corporation shall maintain books of account and
other books in relation to it’s 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.



-10-

(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.

26.  Concurrent  and  special  audit  of  accounts.— (1)  Notwithstanding  anything
contained in section 25, 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  that  a  special  audit  be  also  made by such  person as  it  thinks fit  of  the
accounts of the Corporation relating to any particular transaction  or class or series of
transactions or to a particular period.

(2) When an order is made under sub-section (1), the Corporation  shall present or
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.

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 it’s functions shall be deemed to be
needed for a public purpose and may be acquired under the provisions of the Land
Acquisition Act, 1894 (1 of 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 Government under this Act, the Corporation may dispose of,—

(a)  any  land  acquired  by  the  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;



-11-

(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  an  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 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.— (l)  For  the  furtherance  of  the  objects  of  this  Act,  the
Government may, upon such conditions as may be agreed upon between 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 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 Government, the Corporation shall replace it at the
disposal of the Government upon such terms and conditions as may be mutually agreed
upon.

CHAPTER  VI

Supplementary and Miscellaneous Provisions

30. Powers of Corporation in case of certain defaults by owner of land in health
estates.— (1) If the Corporation after holding local inquiry, or upon report from any of
its officers or other information in it’s possession, is satisfied that the owner of any land
in a health estate 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 Corporation 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, 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:



-12-

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 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 a
health estate 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
a health estate 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  under  this  Act  or  any  rules  made
thereunder, any officer of the Corporation empowered in this behalf 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 may be specified in the requisition and such police officer
shall comply with the requisition accordingly.



-13-

(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 hundred rupees for every
day during which such non-compliance continues after the service of the order.

(5) No compensation shall be claimed 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 the 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
a health estate 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 ten thousand rupees, and in the case of a continuing contravention with a
further fine which may extend to five hundred rupees for each day during which such
offence continues after conviction for the commission of first offence.

(2) Any person who uses any land or building in a health estate 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 to five thousand rupees.

34. Power to lay pipe lines, etc.— (1) Within any estate taken up for development
under  sub-clause  (b)  of  clause  (ii)  of  section  13,  the  Corporation,  or  any  person
empowered in this behalf by the 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  through,  any  intervening  area,  lay  down,  place,
maintain, alter, remove or repair any pipes, pipe lines, conduits, supply or service lines,
posts or other appliances or apparatus in, on, under, over, along or across any land in
such estate.

(2) The Corporation or the authorised person may at any time enter upon any land in
any such estate 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 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 Government.



-14-

(4)  Nothing  herein  shall  authorise  or  empower  the Corporation  or  the  authorised
person to  lay  down or  place  any pipe  or  other  works  into,  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 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 of 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; 

(c) 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
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
health undertakings established or to be established in the health estates 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 Government.



-15-

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
Government  is  satisfied  either  on  a  recommendation  made  in  this  behalf  by  the
Corporation or otherwise, that the setting up of a health undertaking (whether within a
health estate or outside) is impeded by a local authority’s refusal to grant or by such
authority’s insistence on conditions which the Government considers unreasonable for
the grant of, any amenity, the 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 Government unless the
local authority shall have been given a reasonable opportunity to show cause why any
such direction should not be made.

38. Declaration as health estate.— (1) Notwithstanding anything to the contrary
contained  in  any  other  law  for  the  time  being  in  force,  the  Government  may,  by
Notification in the Official Gazette,—

(a) declare a health estate which is—

(1) earmarked as health estate; and

(2)  having  adequate  facilities  in  respect  of  power,  roads,  water  supply,  to  be
notified estate; 

(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  notified  estates  shall  cease  to  apply  and
thereupon such provisions shall cease to apply thereof:

Provided that  the  Municipalities,  Village  Panchayats  and  Municipal  Corporations
which were receiving house tax from the occupants in the notified 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 estate.

(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



-16-

published in a language other than English and circulating in the estate to be specified in
the Notification, 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  it’s  opinion
insufficient or invalid.

39. Recovery of sums due to the Corporation as arrears or 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.

40. 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 rules or regulations 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
it’s  principal  place of  business  identifying it  by the name or  style  under  which it’s
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 it’s principal office and is 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.



-17-

(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 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 Government or the Corporation, as the case may be, to state the name and address of
the owner, thereof. 

41. Public notices how to be made known.— Every public notice given under this
Act or any rules or regulations made thereunder shall be in writing over the signature 
of  the  officer  concerned  and  shall  be  widely  made  known  in  the  locality  to  be  
effected 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.

42.  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
rules  or  regulations,  the  notice,  order  or  other  document  shall  specify  a  reasonable
period of time for doing the same or complying therewith.

43.  Furnishing  of  returns  etc.— (1)  The  Corporation  shall  furnish  to  the
Government such returns, statistics, reports, accounts and other information with respect
to its conduct of affairs, properties or activities or in regard to any proposed work or
scheme as the Government may from time to time require.

(2) The Corporation shall  in addition to the audit  report  referred to in section 25
furnish to the Government an annual report on it’s 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 Government.



-18-

44. Withdrawal of estate or part thereof.— Where the Government is satisfied that
in respect of any particular health estate 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  part  thereof  under  the  Corporation
unnecessary, the Government may, by Notification in the Official Gazette, declare that
such  health  estate  or  part  thereof  has  been  removed  from  the  jurisdiction  of  the
Corporation. The Government may also make such other incidental arrangements for the
administration of such health estate or part thereof as the circumstances necessitate.

45. Default in performance of duty.— (1) If the Government is satisfied that the
Corporation has made a default in performing of any duty or obligation imposed or cast
on it by or under this Act, the Government may fix a period for the performance of that
duty or obligation and give notice to the Corporation accordingly.

(2) If in the opinion of the Government, the Corporation fails or neglects to  perform
such duty or obligation within the period so fixed for it’s performance, it shall be lawful
for the Government to supersede and reconstitute the Corporation, as it deems fit.

(3)  After  the  supersession  of  the  Corporation  and  until  it  is  reconstituted  in  the
manner laid down in Chapter II, the powers, duties and functions of the Corporation
under this Act shall be carried on by the Government or by such officer or officers or
body of officers as the Government may appoint for this purpose from time to time.

(4) All property vested in the Corporation shall, during the period of supersession,
vest in the Government.

46. Dissolution of Corporation.— (1) 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 realisable by, the Government;

(b) all liabilities which are enforceable against the Corporation shall be enforce-
able against the Government.

47.  Authority for prosecution.— Unless otherwise  expressly provided,  no Court
shall take cognizance of any offence relating to property belonging to or vested in the
Corporation,  punishable  under  this  Act,  except  on  the  complaint  of,   or   upon
information  received  from  the  Corporation  or  some  person  authorised  by  the
Corporation by general or special order in this behalf.



-19-

48. Composition of offences by Corporation.— (1) The Corporation or any person
authorised by the Corporation by general  or  special  order in this behalf  may,  either
before  or  after  the  institution  of  the  proceedings,  compound  any  offence  made
punishable by or under this Act.

(2) Where an offence has been compounded, the offender,  if  in custody, shall  be
discharged and no  further  proceedings  shall  be  taken against  him in  respect  of  the
offence compounded.

49.  Offence by companies.— (1)  Whenever  an offence under  this  Act  has  been
committed by a company, every person who at the time the offence was committed was
in charge of or was responsible to the company for the conduct of the business of the
company, as well as the company, shall be deemed to be guilty of the offence and shall
be liable to be proceeded against and punished accordingly:

Provided that,  nothing contained in  this  sub-section shall  render  any such person
liable to any punishment under this Act if he proves that the offence was committed
without his knowledge and that he exercised all due diligence to prevent the commission
of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under
this Act has been committed by a company and it is proved that the offence has been
committed with the consent or connivance of, or is attributable to any neglect on the part
of  any  Director,  Manager,  Secretary  or  other  officer,  then  such  Director,  Manager,
secretary or officer, as the case may be, shall also be deemed to be guilty of that offence
and shall be liable to be proceeded against and punished accordingly.

Explanation.— For the purposes of this section—

(a)  “company”  means  any body corporate,  and  includes  a  firm or  association  of
individuals; and

(b) “Director”, in relation to a firm, means a partner in the firm.

50. Penalty for obstruction.— (1) Any person who obstructs the entry of a person
authorised under section 35 or any person with whom the Corporation has entered into a
contract in the performance and execution by such person, to enter into or upon any land
or building or molests such person after such entry or who obstructs the lawful exercise
by him of any power conferred by or under this Act shall, on conviction by a competent
court, be punished with imprisonment for a term which may extend to six months, or
with fine which may extend to one thousand rupees, or with both.

(2) If any person removes any mark set up for the purpose of indicating any level,
boundary line, or direction necessary to the execution of works authorised under this
Act,  he shall,  on conviction,  be  punished with imprisonment for  a term which may
extend to three months or with fine which may extend to Rs. 1000/- or with both.



-20-

51.  Power  to  make  rules.— (1)  The  Government,  after  consultation  with  the
Corporation in  regard to  matters  concerning it,  may,  by Notification in  the  Official
Gazette, make rules to carry out the purposes of this Act:

Provided that, consultation with the Corporation shall not be necessary on  the first
occasion of the making of rules under this section, but the Government shall take into
consideration  any  suggestions  which  the  Corporation  may  make  in  relation  to  the
amendment of such rules after they are made.

(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  section  6,  the  allowances  and  honorarium  of  members  of  the
Corporation;

(b) under section 12, the conditions of appointment and service and the scales of
pay of the Managing Director and Chief Accounts Officer of the Corporation;

(c) under section 18, the sums of money to be kept by the Corporation in current
and deposit accounts;

(d) under section 20, the condition subject to which the Corporation may borrow;

(e)  under  section  24,  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; 

(f) under section 25, the manner of maintaining accounts;

(g) under section 43, the form of, and the details to be given in, the annual report; 

(h) the fees which may be charged by the Corporation;

(i) any other matter which has to be, or may be, prescribed by the rules.

52.  Power  to  make  regulations.— (1)  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 this power such regulations may provide for:—

(a)  under  section 7,  the time and place of meeting of the Corporation and the
procedure to be followed in regard to the transaction of business at such meetings; 

(b) under section 12,  the conditions of appointment and service and the scales of
pay of officers and servants of the Corporation, other than the Managing Director and
the Chief Accounts Officer;

(c) under section 18, the officer of the Corporation who may operate it’s accounts;

(d) under section 29, the manner in which Government lands shall be dealt with by
the Corporation after development;



-21-

(e) under section 31, the committee of the Corporation to hear appeals under that
section and the procedure to be followed by it;

(f) any other matter which has to be, or may be, provided by regulations.

(2) All regulations made under this section shall be published in the Official Gazette
and shall be laid for not less than fourteen days before the Legislative Assembly as soon
as  possible  after  they  are  made,  and  shall  be  subject  to  such  modifications  as  the
Legislature  may make  during  the  session  in  which  they  are  so  laid,  or  the  session
immediately following.

53. 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 thereunder.

54.  Notice  to  suit  and  limitation  of  suits  against  Corporation,  Committees,
Officers and servants for acts done in pursuance of execution of this Act.— (1) 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 execution 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 notice in writing has been in the
case of the Corporation or it’s 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 shall 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 funds of Corporation.

55.  Members,  officers  and  staff  of  Corporation  to  be  public  servants.— All
members, 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 (XLV of 1860).

56. 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 provisions of this Act, as may
appear to it to be necessary or expedient for the removal of the doubt or difficulty, and
the order of the Government, in such cases, shall be final.



-22-

57. Act to have overriding effect.— The provisions of this Act shall  have effect
notwithstanding  anything inconsistent  therewith contained  in  the  Goa Municipalities
Act, 1968 (Act 7 of 1969); the Goa Panchayat Raj Act, 1994 (Goa Act No. 14 of 1994)
and the City of Panaji Corporation Act, 2002 (Act 1 of 2003).

Secretariat,
Porvorim-Goa.
Dated: 26-06-2009.

V. P. SHETYE,
Secretary to the Government of Goa,

Law Department (Legal Affairs).